This form is a Petition for a Temporary Restraining Order and Pertinent Injunction. The form must be filed in order to prohibit any contact between the named parties on a permanent basis. The form must be signed in the presence of a notary public.
South Carolina Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
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US-CMP-10021
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How to fill out Petition For Temporary Restraining Order And Permanent Injunction For Personal Harassment?
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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.
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.
Any person may seek a restraining order against an individual who is engaged in harassment or stalking. S.C. Code Ann. § 16-3-1750(A) vests magistrates with jurisdiction over an action seeking a restraining order.
A Restraining Order is an order of a South Carolina Magistrates Court that protects a person (the ?Plaintiff?) from stalking and harassment by prohibiting another person (the ?Defendant?) from doing certain things.
To get a Restraining Order, you must prove to the Court at the hearing that you have been a victim of harassment, first degree, harassment, second degree, or stalking by the Defendant. The judge will decide whether to grant you a Restraining Order at the end of the hearing.
While the state of South Carolina doesn't take restraining orders lightly, as long as you don't face charges for violating a restraining order, it won't appear on a criminal record because it is a civil action.
S.C. (B) "Harassment in the second degree" means 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 distress.
S.C. (B) "Harassment in the second degree" means 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 distress.