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SCRFC Rule 14 outlines the procedural requirements of a Rule to Show Cause. A petition for a Rule to Show Cause must identify the Order that has been violated and the specific acts performed/not performed by the respondent that violate the Order.
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.
Dismissing your Order of Protection You would need to let the clerk know that you want to do this. If you've already had your court hearing and want to dismiss the Order of Protection, you will need to file a "Motion to Dismiss" the Order of Protection. The Court will schedule a new hearing that you'll have to attend.
Follow the order of this format, leaving a space in between each section: Your Information (first thing that goes on the inside of the letter) Name. ... The Date. The Judge's Information. Honorable Judge First Name Last Name. ... What the Letter Is Going to Address. ... Salutation. ... Body. ... Signature.
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.
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.
Because they aren't criminal charges, restraining orders will not show up on background checks or criminal records, meaning that they won't be seen by potential employers, military recruiters, or other parties.