Issuing Columbia Protective Orders

When there is a serious dispute, usually between spouses or former spouse, a protective order may be issued. A protective order is a court order that demands the individual to stop abusing or harassing the petitioner for a specific period of time. An order of protection usually lasts six months to a year. To learn more about issuing Columbia protective orders, contact a dedicated protective order lawyer today.

Types of Orders

In South Carolina, there are two types of restraining orders. When someone tries to restrain a member of their household such as an abusive spouse, the restraining order is called a protective order. An order of protection generally involves spouses, former spouses, people who have a child in common, people who cohabitate, or used to live together. If the abusive party is an unrelated person, a general restraining order may be issued.

Circumstances When a Judge may Grant a Protective Order

In a domestic violence case, an order of protection by a judge gives someone relief on a temporary basis. An order of protection is not forever, it is a temporary order of protection. It is in place for six months to one year and it restrains the alleged offender from contacting the party that obtained the protection order or being in physical or verbal contact including electronic contact. When children are involved, the person who obtained the restraining order might be granted custody of the children during that time.

A protection order puts procedural safeguards in place to protect the person who was allegedly abused by the other party. It is a civil remedy where one could ask for attorney’s fees or other forms of relief. A judge makes a determination on the issue and has total control of that discretion as far as what they want to issue.

Good Cause to Issue a Protective Order

When there are allegations of domestic violence abuse in South Carolina, a person can file for an order of protection if they have suffered abuse. Abuse in South Carolina is defined as physical harm, bodily injury, assault, or the threat of physical harm, or a sexual criminal offense committed by a family or household member.

For issuing Columbia protective orders in family court, the individual who caused the abuse must be related to the person in one of several ways. They are a husband, wife, a former husband or wife, the mother or father of the child, or a person of the opposite sex they live with or used to live with. Same-sex couples could challenge this restriction based on the recent ruling of the South Carolina Supreme Court on the domestic violence statute.

Process of Issuing a Protective Order in Columbia

When someone wants a protective order issued, they file the necessary paperwork for their petition for an order of protection in the jurisdiction (county) where the incident occurred. The address of the person named in the petition, the parties relationship, and the details of the incident are included in the petition. There may be prior convictions or orders of protection against that person. The judge needs all the information to make the proper determination for temporary relief.

When issuing Columbia protective orders, the individual begins by filling out the Petition for Order of Protection form. At that point, the person needs to file the following documentation:

  • The Petition for Order of Protection
  • The Summons or Notice of Hearing
  • The Financial Declaration if requesting child support or alimony
  • The information sheet for the police
  • Other relevant information included as attachments to the petition

If an individual is overwhelmed and has trouble preparing the petition, they should reach out to an attorney that could help them navigate the petition process.