This guide provides an overview of the law of stalking. Topics covered include civil compared to criminal offenses, protective orders, cyberstalking, and links to other resources.
South Carolina USLegal Guide to Stalking
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FAQ
You can't violate the order that is against the other person. If you call or go to see them because you need to talk about the kids or something else, you are not violating the Order. But if the order says they can't contact you and they do so anyway, then they are violating the order.
If you need to change your order of protection, you will need to return to court and file a motion to modify. If you want to cancel (terminate) your order of protection, you can file a motion to terminate the order.
A restraining order (protection or no-contact order) is an enforceable legal document that stops a harasser from repeating problematic behavior. A court grants this order, and the police enforce it. You will need to serve notice to the harasser. How you may serve that notice to the harasser will vary by state.
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.
They typically include no verbal or telephonic communication or other forms of communication which includes, Facebook, twitter, text messages and even third-party contact (have a friend or family member pass along a message for you) to the alleged victim.
S.C. Code Ann. § 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.
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.
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.
