South Carolina Bond on Temporary Restraining Order

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Multi-State
Control #:
US-01008
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Word; 
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Description

This form is a model Order regarding a bond for a temporary restraining order - plaintiff is required to make a bond that will be payable to defendant to cover damages if it is later found that defendant was unjustly restrained. Adapt to fit your circumstances and local rules.
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FAQ

The temporary order is generally in effect for 15 days at which point a full court hearing will be held for a final order of protection. However, the judge may extend the temporary order if your full court hearing is postponed.

§ 16-3-1750(B) provides that an action for a restraining order must be filed in the county in which (1) the defendant resides when the action commences; (2) the harassment in the first or second degree or stalking occurred; or (3) the plaintiff resides if the defendant is a non-resident of the State or cannot be found. R. Harassment and Stalking - SC Judicial Department sccourts.org ? displaychapter sccourts.org ? displaychapter

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.

Unlike TRO, temporary injunctions are slightly more enduring in effect than TRO, and requires a court proceeding and usually requires a notice to the opposing party.

Harassment or stalking is when a person repeatedly contacts or even follows another person, causing them emotional distress or fear. The penalties increase based on the severity of the allegations, with harassment second-degree being the least serious and stalking charges the most severe. Stalking and Harassment Laws in SC kentcollinslaw.com ? blog ? stalking-and-ha... kentcollinslaw.com ? blog ? stalking-and-ha...

One of the most common conditions is that there be no contact from you with the alleged victim in the case either verbally or electronically. Yes, this means that you will have to move out of the home where you were living and cannot return until the bond condition has been modified or the case has been resolved. What is a no contact order in SC | Mt. Pleasant Criminal Defense Lawyer dalesavage.com ? what-is-a-no-contact-orde... dalesavage.com ? what-is-a-no-contact-orde...

For a temporary restraining order under SC Code § 16-2-1750, you must file a Complaint and Motion for Restraining Order in the magistrate court that 1) alleges harassment or stalking, 2) is verified, and 3) informs the defendant of their right to retain counsel to represent them.

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. Consequences of Violating a Restraining Order in South Carolina deatonlaw.net ? violating-a-restraining-order... deatonlaw.net ? violating-a-restraining-order...

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South Carolina Bond on Temporary Restraining Order