A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
South Carolina Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
Under South Carolina law, there is no statute of limitations for any crime. There is no criminal statute of limitations in South Carolina. A case for any felony can be started at any time. A case for any misdemeanor can be started at any time.
A conviction for domestic violence 3rd degree in SC can be expunged after five years, if there are no other convictions on your record.
You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
SC code § 16-13-1700 defines harassment first degree, harassment second degree, and stalking ? to get a temporary restraining order from a SC magistrate, you must prove that the defendant is committing one of these crimes and that you are entitled to protection from them.
The simple answer to this question is that there is no statute of limitations for any criminal charge, including CDV, in South Carolina.
§ 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.
In South Carolina, there is no statute of limitations on crime. However, in the context of South Carolina personal injury or wrongful death cases, the clock usually starts on the day of the incident (exp. car accident). In most cases, you have 3 years to file suit against a non-governmental defendant.
In South Carolina, there is no statute of limitations of domestic violence. This means that technically someone could be arrested, tried, convicted and jailed for CDV offense that occurred five, ten or even fifty years ago.