In Need of a Restraining Order Lawyer?
At the David W. Martin Law Group, our Myrtle Beach family law attorneys know there is a lot of confusion surrounding domestic violence and abuse claims, who are eligible to pursue restraining orders, and when and how long they are enforced.
The most common name for these orders is a restraining order, although, in South Carolina, they are legally referred to as an “Order of Protection.” They can also be referred to as a protective, no-contact, or stay-away order. No matter what they are called, they are legal orders issued by a court that restrict or prohibit an individual from engaging in certain behaviors, typically to protect another person from harm, harassment, or threats.
Whether you are seeking a restraining order or have been served with one, our Horry County order of protection attorneys are here to ensure you understand your legal rights and options.
When Would South Carolina Residents Need to Pursue a Restraining Order?
To pursue a restraining order in South Carolina, domestic abuse must have occurred between family or household members.
These relationships are defined as:
- Spouses/Ex-spouses.
- Someone with whom they share a child.
- Someone they cohabitated with romantically.
The abuse is defined as:
- Assault.
- Causes bodily injury.
- Commits a sexual criminal offense.
- Physically harms or threatens to harm.
If you have been accused of domestic violence in South Carolina, or are seeking an order of protection against a family or household member, we can help. Contact our skilled Myrtle Beach restraining order attorneys today to learn more about your legal rights and options to, depending on which side of the protective order you are on, defend yourself against these allegations or ensure you are protected.
What Types of Restraining Orders are Available in Myrtle Beach, South Carolina?
In South Carolina, there are two restraining orders, also called domestic violence orders of protection: Temporary Orders of Protection and Final Orders of Protection.
Temporary Restraining Orders
A temporary order of protection may be issued upon request of an emergency hearing that will be held within 24 hours of the alleged domestic violence incident. South Carolina is unique in that it requires the alleged abuser to be notified before the hearing so they may appear and defend themselves against the abuse allegations.
In South Carolina, a temporary order of protection can:
- Order the individual not to abuse or threaten to abuse the individual seeking protection.
- Order the individual not to communicate with or try to communicate with the individual seeking protection.
- Order the individual to stay away from any place requested, including the individual seeking protection from school, home, child’s daycare, or workplace.
The temporary order is generally in effect for 15 days, after which a full court hearing will be held for a final order of protection.
Permanent Restraining Orders
In South Carolina, a final order of protection is only issued after a full court hearing, where both parties can present their sides of the story through evidence and testimony and can order the same protection as temporary orders, but also adds:
- Grant temporary possession of the shared home even if the respondent has a legal duty to support the individual and shared children.
- Order law enforcement to help the alleged victim remove the personal property from the home if they leave.
- Order who will get temporary possession of the personal property.
- An award for temporary custody and visitation rights of shared children.
- Order the alleged abuser to pay temporary financial support for the individual and any shared children.
- Forbid the individual from selling or getting rid of income, homes, or property shared with the alleged victim.
- Order the individual to pay court costs and the other person’s attorney’s fees.
Final orders of protection last for between six months and one year. In either case, the judge will base their decision on the facts of your case. Our skilled family lawyer can help ensure your story is presented correctly.
We can also help for:
- Alimony
- Child Custody
- Divorce
- Divorce Mediation
- High-Net-Worth Divorce
- Mediation and Alternative Dispute Resolution
- Name Changes
- Collaborative Divorce
- Fathers Rights
- Grandparents Rights
- Child Support
- Emergency Custody
- Uncontested Divorce
- Property Division
- Visitation Modification
Contact Our Myrtle Beach Restraining Order Lawyers Today
Call (854) 854-5623 to discuss your circumstances with our skilled Myrtle Beach restraining order lawyers to learn more about your legal rights and options for pursuing the best outcome for your unique case, no matter which side of the restraining order you are on.
