Restraining orders can be a valuable legal tool to prevent an individual from harming or harassing a party involved in a divorce. A restraining order, also known as an order of protection, can be a defensive measure that prevents any further violent or intimidating acts from a former spouse. South Carolina has specific laws governing protective orders in divorce cases. This article will explain how to get a restraining order in South Carolina divorce cases and provide you with all the necessary information to navigate this process.

Grounds for Filing a Restraining Order

According to South Carolina law, an order of protection may be issued if it can be demonstrated that any of the following conditions exist:

• The individual suffered physical or severe emotional harm.
• There has been a threat of physical or emotional abuse.
• The individual is being stalked.
• The individual has lost his or her job or personal property as a result of abuse.
• The individual’s children have been affected by the abuse.
• The individual fears for his or her life.

Types of Restraining Orders

There are different types of restraining orders, which vary based on the duration and scope of the order.

Emergency Restraining Order: An emergency restraining order is issued when there is an immediate danger that an individual will be harmed or harassed. The order is issued without a hearing and is temporary, usually lasting up to 72 hours.

Temporary Restraining Order: A temporary restraining order can be issued after a hearing in family court. This type of order lasts up to 15 days but can be extended if necessary.

Permanent Restraining Order: A permanent restraining order can be issued after a hearing in family court, and it can last for up to one year, although it can be renewed.

Steps for Filing a Restraining Order

If you are a victim of domestic violence or harassment by a current or former spouse, you can file a restraining order in South Carolina following these steps:

Step 1: Drafting the Order
Firstly, the individual needs to draft a request for a restraining order. The request should include a detailed description of the harassment, the date, and time when the offense occurred, and the name of the abuser. Submit proof of abuse, harassment, or stalking, including photographs, medical records, or police reports.

Step 2: Filing the Order
Once the request is drafted, the individual needs to file the order with the court. The forms required vary from county to county, so it’s best to consult with the court clerk or seek advice from an attorney.

Step 3: Serving Notice to the Abuser
The abuser must be notified of the order and a court date must be set. The police or a private process server will typically serve the notice of the order.

Step 4: Attending the Hearing
The individual seeking the restraining order will need to attend a hearing to present evidence and make their case for the restraining order. The abuser will also have an opportunity to provide a defense. It’s important to have an attorney present for this hearing, especially if the abuser has an attorney.

Step 5: Receiving the Order
If the court grants a restraining order, the order must be served on the abuser and filed with the court by the individual who requested it. The individual should always keep a copy of the order with them.

Enforcing the Order

If the abuser violates the restraining order, the individual should immediately notify law enforcement. The abuser can be arrested and charged with a crime for violating the order. Violating a restraining order can result in severe penalties such as fines, imprisonment, or both.

Conclusion

Filing a restraining order in a South Carolina divorce case can be a complex legal process. However, the process of filing for a restraining order could eventually save a person’s life. If you are a victim of domestic violence or harassment, seek the help of an experienced family law attorney who can guide you through every step of the process. Don’t hesitate to file an emergency restraining order if necessary. Remember, the South Carolina law is designed to protect the victim and prevent any further harm from occurring.