Restraining Orders and Orders of Protection

What is a Restraining Order?

Restraining OrderA restraining order is a legal order that is issued by a court of law that prohibits the subject of the restraining order from contacting the person who filed the order. This could include speaking to them, seeing them in person, emailing them or even writing to them.

What are the requirements for filing a restraining order?

  • The victim must file for a Restraining Order at a Magistrate’s Office and jurisdiction must be met by one of the following requirements:
    1. The county where the harassment or stalking occurred; OR
    2. The county where the alleged stalker lives; OR
    3. The county where you reside if the alleged stalker is not a South Carolina resident or cannot be found.
  • The plaintiff must have two (2) complaints of Stalking or Harassment against the defendant that have been filed with a law enforcement agency in the previous sixty (60) days.

If a restraining order is issued against you, there could be several consequences that affect your personal and professional life. For example, you might be prohibited from seeing your children or even ordered to vacate your own home.  Additionally, restraining orders can last from several days to several years and violation of a restraining order is a criminal offense in South Carolina and is taken very seriously.

What is an Order of Protection as it relates to Domestic Violence?

As part of the new domestic violence law enacted in 2015, if charged with domestic violence, a bond court judge may place restrictive conditions on your bond.  You may be prohibited from going near the alleged victim.  According to the new law, this condition on your bond acts as an Order of Protection and violation of this order can be a separate criminal charge.

If you have been charged with a violation of your Restraining Order or Order of Protection, call the criminal attorneys at the Strom Law Firm today and let us see if we can help.

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