A South Carolina Protective Order — Civil Trial refers to a legal mechanism designed to provide protection to individuals against various forms of harm, including harassment, domestic violence, stalking, and abuse. This order is issued by a court and serves to safeguard the safety and well-being of the petitioner from the alleged perpetrator. In South Carolina, there are different types of protective orders that can be sought based on the specific circumstances. These include: 1. Domestic Violence Protective Order: This type of protective order offers protection to individuals who have experienced physical abuse or threats of violence from a current or former spouse, romantic partner, household member, or family member. It aims to prevent further harm and can encompass provisions such as prohibiting contact, evicting the alleged abuser from the shared residence, and granting temporary custody of children. 2. Restraining Order: A restraining order may be sought by individuals who have been subjected to stalking, harassment, or threats by someone with whom they have no familial or domestic relationship. This order aims to deter the alleged harasser from approaching or contacting the petitioner and can also address issues like barring the harasser from specific locations. 3. No Contact Order: This type of protective order is typically sought by victims of sexual assault, domestic violence, or any form of abuse. It restricts the alleged offender from making any contact or communication with the petitioner, regardless of their relationship status. 4. Emergency Protective Order: An emergency protective order is issued by a judge on an urgent basis when immediate protection is required. Typically, granted in situations where there is an imminent threat of harm or danger, this order provides temporary protection until a formal hearing can take place. To initiate the process of obtaining a South Carolina protective order, the petitioner must file a legal petition with the appropriate court and provide evidence of the alleged abuse or threats. The court will then review the documentation and consider the potential risk to the petitioner before deciding whether to grant the requested protective order.
South Carolina Protective Order - Civil Trial
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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.
Although verbal assault isn't a named charge in South Carolina law, three criminal charges can apply to acts of verbal assault.
Harassment in the first degree may include, but is not limited to: (1) following the targeted person as he moves from location to location; (2) visual or physical contact that is initiated, maintained, or repeated after a person has been provided oral or written notice that the contact is unwanted or after the victim ...
Harassment or stalking is when a person repeatedly contacts or even follows another person, causing them emotional distress or fear.
Otherwise, call Victim Services at 803-777-6472 or the non-emergency police line at 803-777-4215. You can also email victimhelp@sc.edu. 3. Consider getting a restraining order.
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.
Although the act defines ?abuse? to include ?physical abuse,? ?bodily injury,? and ?assault,? it also recognizes that ?the threat of physical harm? is sufficient to constitute a basis for the issuance of an Order of Protection as the result of an emergency hearing. Section 20-4-20(a)(1).
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.