A South Carolina Emergency Restraining Order (Ex Parte) is a court order issued by a judge that seeks to protect an individual from harassment, abuse, or other forms of harm. It is typically issued without notice to the other party and is in effect until the court has heard from both parties. There are two main types of South Carolina Emergency Restraining Orders (Ex Parte): Domestic Violence Protection Orders, which are issued to protect a person from domestic abuse, and Stalking Protection Orders, which are issued to protect a person from stalking or cyberstalking. Both orders can prohibit the respondent from coming near the petitioner, contacting the petitioner, or harming the petitioner in any way.
South Carolina Emergency Restraining Order (Ex Parte)
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Emergency Restraining Order (Ex Parte)
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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.
Cases for Restraining Orders must involve at least 2 incidents of harassment, stalking, or other threatening situations. There is no filing fee. You will also be asked to fill out a complaint and motion. A hearing date will be set for 5 to 15 days from the date you file your paperwork in the Magistrates' Court.
Defining an Ex Parte Restraining Order An ex parte restraining order is an order where only the petitioner, their attorney, and the judge know about the order. The other parties involved in the matter are not required to be present and do not have an opportunity to provide input about the matter.
§ 16-3-1750(A) vests magistrates with jurisdiction over an action seeking a restraining order. A restraining order may be issued: 1) with prior notice of a hearing to the defendant and 2) without notice to the defendant in an emergency situation. a. Insure that the party is filing in the proper county.
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.
Violating a Temporary Restraining Order ? If you violate a temporary restraining order in South Carolina, you can face a $500 fine and up to 30 days in jail. Violating a Permanent Restraining Order ? If you violate a permanent restraining order in South Carolina, you can face up to a $1,500 fine and 12 months in jail.