Restraining and Protective Orders in South Carolina
Columbia SC Divorce Lawyer – Family Law Attorney
There is misconception that many people have about the divorce process in the state of South Carolina that should be addressed, because if you understand this fact it can help to create a cooperative environment while the proceedings are underway. Though people who are divorcing have reached the end of the marital line, they are usually not hostile toward one another, and they can almost always come to an agreement on the terms. In fact, nine out of every ten divorces in the United States are uncontested. If that high a percentage of divorcing couples can work together and come to an agreement on the terms in spite of the differences that led to the divorce, you probably can as well.
That being established, though a majority of troubled couples have cooled down by the time one of them files a Complaint for Divorce, there are limited cases that turn ugly. Sometimes the reason why the divorce action is filed is because the petitioner wants to get out of an abusive relationship, and when the abuser hears the news he can go over the edge. (We say “he” because in the vast majority of domestic abuse cases it is in fact the man who is the abuser.) It may be common sense, but if you are being abused or threatened, before you concern yourself with going to court to obtain a restraining or protective order you need to call the police to ensure your immediate safety.
When and if it becomes appropriate, you can approach the Family Court in the county in which you reside and file a Petition for an Order of Protection. If it is granted it will become a crime for the alleged abuser to make contact with you, and the exact specifics of the parameters will vary depending on the circumstances. A full hearing for a permanent Order of Protection will be scheduled and the defendant will have an opportunity to respond to the complaint, but if you feel that you are in immediate danger the court has the latitude to issue a temporary Order of Protection. This order will remain in effect until the full hearing can be scheduled, which must be within 15 days of the filing.
For legal advice about restraining and protective orders contact a Columbia SC family lawyer for a free consultation.
