Types of Columbia Restraining Orders

A restraining order may be granted to protect an individual from harassment, stalking, or violence from another person. There are different kinds of orders that can be filed in South Carolina to protect someone. These orders may be temporary or final orders of protection that could last up to a year. A petitioner may be able to ask for an extension. To learn more about the different types of Columbia restraining orders, speak with a dedicated domestic violence attorney today.

Defining an Ex Parte Restraining Order

One of the types of Columbia restraining orders granted is an ex parte restraining order. An ex parte restraining order is an order where only the petitioner, their attorney, and the judge know about the order. The other parties involved in the matter are not required to be present and do not have an opportunity to provide input about the matter. Ex parte means communication does not include the opposing party, it is just one side. The ex parte restraining order is found in Section 16-25-125 and is only in place for a limited time. It is more commonly known as a temporary restraining order in magistrate’s court and is put in place for at least 30 days.

Granting an Ex Parte Restraining Order

Ex parte restraining orders are not common and are only done when the judge feels it is absolutely necessary for the protection of the petitioner to make sure they are not in danger. For example, under Section 63-7-740, if there have been allegations of child abuse, the family court may order an ex parte so that a child can be taken into emergency protective custody. An ex parte restraining order is similar to that rational when there is an imminent or substantial danger to the petitioner’s life. The emergency protective custody is used for these restraining orders to ensure the person’s safety.

An ex parte restraining order can be extended for good cause. If someone goes back to the judge, explains the situation, provides a motion for extension, and shows good cause, the judge can grant the extension if they make a finding of good cause.

Ex Parte Restraining Order Impact on Criminal Case

An ex parte restraining order affects the person’s criminal case in the same manner as other cases involving a criminal restraining order. It is another obstacle the person deals with when defending their criminal charge. When someone violates an ex parte restraining order, they receive an additional criminal charge. The individual should avoid making the matter worse or initiating additional evidence that might be used against them affecting their liberty.

Extension of a Temporary Orders

An extension of a temporary order and a person’s criminal case are two separate things. The criminal case is not directly tied to the protective order and can be resolved independently of the order. Usually, when these things happen, the criminal case is likely moving slowly as most criminal cases do. It means the individual has a greater length of time where they cannot contact or communicate with the person who initiated the restraining order.

They are prohibited from communicating or contacting this person during that period. If there is some type of reconciliation or a misunderstanding, there is a longer period of time passes before any contact can be made between the parties unless the person violates the order and faces the separate criminal offense.

Importance of Not Violating Restraining Order in Columbia

A restraining order is independent of a person’s criminal case. When someone violates a restraining order or a protection order, that could affect their criminal case when the prosecutor makes a decision about whether to reduce a charge. The prosecutor will then be less likely to reduce the charge to something more manageable. They may see the violation of the restraining order in a punitive manner and decide to not reduce the underlying criminal offenses because the individual is not in compliance, is not remorseful, and could pose a danger to the other party. To find out more information about the types of Columbia restraining orders, contact an experienced lawyer.