Order of Protection
What court has primary jurisdiction over Orders of Protection?
The South Carolina Family Court.
Magistrate Court
A permanent restraining order requires this procedural prerequisite...
A criminal conviction or guilty plea.
What form of relief is commmon to both Orders of Protection and Restraining Orders?
No-contact and/or stay-away provisions
Permanent restraining orders are entered as part of this phase of a criminal case...
Sentencing
Who can seek an Order of Protection?
Family or household members (spouse, former spouse, persons with a child in common, persons who cohabited, etc.).
What are the crimes that would qualify someone to receive a Restraining Order?
Individual must be a victim of harassment in the first or second degree or stalking.
Unlike other protective orders, this type has this defining characteristic...
They do not expire.
Under what protective order may someone be granted exclusive use and possession of a residence?
Order or Protection
This court may issue temporary emergency orders when the Family Court is otherwise unavailable...
The Magistrate Court
What are the grounds for seeking an Order of Protection?
Physical harm, threats of harm, or attempts at harm from a family/household member.
What makes a Restraining Order different from an Order of Protection in terms of who may qualify for one?
Extends to include parties that are not household members such as neighbors, coworkers, acquaintances, strangers, etc.
Who qualifies for a Permanent Restraining Order?
A victim of a criminal offense that occured or a witness who assisted the prosecution of a criminal offense
(Bonus points if you said a competent adult residing in the state on behalf of a victim minor child!)
What Order provides lifelong protections based on conviction in a criminal action?
Permanent Restraining Order
Where, with whom are petitions for Orders of Protection are filed and how much do they cost?
South Carolina Family Court with the clerk of court. The clerk may not charge a filing fee for a petition for an order of protection from domestic abuse.
What is the maximum duration of an Order of Protection unless extended by the court?
One year.
Generally up to one year, but it can be renewed
These qualifying crimes may support a permanent restraining order...
Criminal domestic violence, stalking, harassment, or criminal sexual assault, etc.
Temporary custody and financial support may be ordered only under this protective order...
Order of Protection
Violating any of these orders generally results in this consequence...
Criminal prosecution.
What is the statute & Act name for Orders of Protection?
S.C. Code Ann. § 20-4-10 et seq. & Protection from Domestic Abuse Act.
What is an Emergency Restraining Order?
A Restraining Order granted by a magistrate without notice for immediate protection, effective until a hearing for a more permanent restraining order.
What may a Permanent Restraining Order enjoin the Respondent from doing?
(1) Abusing, threatening to abuse, or molesting the victim, witness, or members of the victim's or witness' family.
(2) Entering or attempting to enter the victim's or witness' place of residence, employment, education, or other location.
(3) Communicating or attempting to communicate with the victim, witness, or members of the victim's or witness' family in a way that would violate the provisions of this section.
Firearm surrender is explicitly authorized under this type of Order...
Order of Protection
In which counties must an Order of Protection be filed?
1. County where the abuse occurred;
2. County where the petitioner resides (unless they are a nonresident of the State);
3. County where the respondent resides (unless they are a nonresident of the State); or
4. County where the parties last resided together.