Not only can a domestic violence incident result in an arrest, but it can also lead to having a restraining order – or “order of protection” in South Carolina – filed against you. This type of court order is designed to protect a family/household member and/or their children who have been victims of abuse (e.g., assault, sexual assault, or any other physical harm or threats to do so) by their current or former spouse, a current or former cohabitant, or someone with whom they share a child in common.
There are two types of restraining orders in South Carolina: temporary orders of protection and final orders of protection. Here is a breakdown of each order:
Temporary Order of Protection
A judge issues a temporary order of protection if he/she believes the alleged victim is in imminent danger of abuse. This type of order lasts up to 15 days or until the full court hearing – regarding a final order of protection – is held.
Once an alleged victim files a petition, a hearing is held within 24 hours. The alleged abuser does not have to be present.
A temporary order of protection orders the alleged abuser to do the following:
Avoid abusing or threatening to abuse the alleged victim
Avoid communicating or attempting to communicate with the alleged victim
Stay away from any place where the alleged victim frequents (e.g., family home, workplace, school, daycare, etc.)
Final Order of Protection
In order to obtain a final order of protection, a full court hearing is held and both sides have an opportunity to present their evidence and call witnesses to the stand. If a judge grants the alleged victim the order, it will last at least six months or up to one year.
A final order of protection orders the alleged abuser to do the following:
Follow all the relief associated with a temporary order of protection
Follow temporary child custody and visitation rights
Pay child support
Prevents the person from selling or give up income or property
Orders the person out of the family home
Pay court costs and attorney’s fees
If you are being accused of domestic violence in Lexington, contact the Law Office of James R. Snell, Jr., LLC today at (803) 359-3301 for a free initial consultation. Get more than 15 years of legal experience on your side!