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South Carolina Petition for Emergency Restraining Order

South Carolina Petition for Emergency Restraining Order

Name: South Carolina Petition for Emergency Restraining Order
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.6 (312 reviews)

Category:

South Carolina Statewide - Appellate Courts

State:

South Carolina

Control #:

SC-SKU-1483

Format:

Instant download

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Description

Petition for Emergency Restraining Order South Carolina Petition for Emergency Restraining Order (CERRO) is a legal document used to request an immediate court order to protect a person from physical, emotional, or financial harm. This document is typically filed when a person is in immediate danger and cannot wait for the regular court process. The types of South Carolina Petition for Emergency Restraining Order include Domestic Violence Protective Orders, Abuse and Neglect Protective Orders, Sexual Assault Protective Orders, and Stalking Protective Orders. All Sierras must be filed with the court clerk and must include details of the petitioner’s request, such as the type of protection requested, the respondent’s name and address, and any evidence of immediate danger. Once filed, the court will consider the petition and can issue the order if the petitioner can demonstrate that immediate protection is necessary. The court order will then be served to the respondent, who must comply with the terms of the order or face criminal charges.

South Carolina Petition for Emergency Restraining Order (CERRO) is a legal document used to request an immediate court order to protect a person from physical, emotional, or financial harm. This document is typically filed when a person is in immediate danger and cannot wait for the regular court process. The types of South Carolina Petition for Emergency Restraining Order include Domestic Violence Protective Orders, Abuse and Neglect Protective Orders, Sexual Assault Protective Orders, and Stalking Protective Orders. All Sierras must be filed with the court clerk and must include details of the petitioner’s request, such as the type of protection requested, the respondent’s name and address, and any evidence of immediate danger. Once filed, the court will consider the petition and can issue the order if the petitioner can demonstrate that immediate protection is necessary. The court order will then be served to the respondent, who must comply with the terms of the order or face criminal charges.

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FAQ

SC Code § 16-3-1700(B) defines harassment in the second degree as ?a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional

These terms are often used interchangeably, but an Order of Protection has more strict requirements and can usually be enforced more quickly than a Restraining Order. There are several different types of Restraining Orders. Both Orders of Protection and Restraining Orders are issued by Judges.

Otherwise, call Victim Services at 803-777-6472 or the non-emergency police line at 803-777-4215.

It does not cost anything to file a Complaint and Motion for a Restraining Order, but the Court does charge a $55 fee at the end of a Restraining Order case. At the end of a Restraining Order hearing, the Court will either order you or the Defendant to pay the $55 fee for filing a Restraining Order.

For you to file a restraining order, the perpetrator must have committed at least two acts of stalking, harassment or other threatening behavior. While it can be helpful to have two police reports, it is not necessary by state law.

Call an emergency number to report an ongoing incident. Law enforcement agencies have emergency numbers you can use to report a crime in progress. Since harassment is a crime, if someone is harassing you in a public place, call the emergency number.

(C) A person who engages in harassment in the first degree and who has a prior conviction of harassment or stalking within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.

The statute reads in pertinent part as follows: It is unlawful for a person to use in a telephonic communication any words or language of a profane, vulgar, lewd, lascivious, or an indecent nature, or to threaten in a telephonic communication any unlawful act with the intent to coerce, intimidate, or harass another

More info

Information about protection from abuse orders, elder abuse protection orders, and moving out of state with an order. At the courthouse, tell the clerk of court that you want to file a petition for a protection from abuse order.The Petitioner, pursuant to the Family Violence Act O.C.G.A. § 19-13-1 et seq. Victims of violence can petition a judge for a protective order. If you are a victim of violence, you can file a petition for a temporary protective order. A civil court order issued to prevent continuing acts of family violence. This is known as an 'ex parte' hearing. Because of this, an Emergency Order only lasts for 14 to 21 days. You can also contact the court directly or call court customer service at: 855-268-7804. If you are in danger right now, call 911 or seek safety.

South Carolina Petition for Emergency Restraining Order

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FAQ

What qualifies as a harassment charge in SC?

Is a restraining order the same as an order of protection in SC?

How do I file a harassment charge in SC?

How much does a restraining order cost in SC?

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