Form SCCA/753 "Temporary (Ex Parte) Restraining Order" - South Carolina

What Is Form SCCA/753?

This is a legal form that was released by the South Carolina Magistrate Court - a government authority operating within South Carolina. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on July 1, 2008;
  • The latest edition provided by the South Carolina Magistrate Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a printable version of Form SCCA/753 by clicking the link below or browse more documents and templates provided by the South Carolina Magistrate Court.

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Download Form SCCA/753 "Temporary (Ex Parte) Restraining Order" - South Carolina

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STATE OF SOUTH CAROLINA
)
COUNTY OF
)
IN THE MAGISTRATES COURT
)
)
)
PLAINTIFF(S)
)
TEMPORARY (EX PARTE)
VS.
)
RESTRAINING ORDER
)
)
)
)
DEFENDANT(S)
CIVIL CASE NUMBER
DEFENDANT IDENTIFIERS
SEX *
RACE *
DOB*
EYES
HAIR
STATE
And/or on behalf of minor family member(s) or
other
Protected persons: (List name)
Relationship to Plaintiff:
Defendant’s Address
*Indicates required information for entry into NCIC
CAUTION:
Weapon Involved
Weapon Present on Defendant’s Property
Access to weapons
THE COURT HEREBY FINDS:
That it has jurisdiction over the parties and subject matter.
Additional findings of this order are as set forth below.
THE COURT HEREBY ORDERS:
That the above named Defendant be restrained from committing further acts of abuse or threats of
abuse.
That the above named Defendant be restrained from any contact with the Protected Person as set forth
on the attached pages.
The terms of this Order remain in effect until _____________________ ________, ____________, the
date of the hearing on the attached Rule to Show Cause, and may be extended by this Court at that time for good
cause shown.
WARNINGS TO DEFENDANT;
This order shall be enforced in any county of South Carolina and by the courts of any state, District
of Columbia, any U. S. Territory, and may be enforced by Tribal Lands (18 U.S.C. Section 2265). Crossing
state, territorial, or tribal boundaries to violate this order may result in federal imprisonment (18 U.S.C.
Section 2262).
Only the Court can change this order.
For Additional Information Call:
Sheriff
Clerk of Court
Phone Number
Phone Number
SCCA/753 (Amended 07/2008)
Page 1 of 4
STATE OF SOUTH CAROLINA
)
COUNTY OF
)
IN THE MAGISTRATES COURT
)
)
)
PLAINTIFF(S)
)
TEMPORARY (EX PARTE)
VS.
)
RESTRAINING ORDER
)
)
)
)
DEFENDANT(S)
CIVIL CASE NUMBER
DEFENDANT IDENTIFIERS
SEX *
RACE *
DOB*
EYES
HAIR
STATE
And/or on behalf of minor family member(s) or
other
Protected persons: (List name)
Relationship to Plaintiff:
Defendant’s Address
*Indicates required information for entry into NCIC
CAUTION:
Weapon Involved
Weapon Present on Defendant’s Property
Access to weapons
THE COURT HEREBY FINDS:
That it has jurisdiction over the parties and subject matter.
Additional findings of this order are as set forth below.
THE COURT HEREBY ORDERS:
That the above named Defendant be restrained from committing further acts of abuse or threats of
abuse.
That the above named Defendant be restrained from any contact with the Protected Person as set forth
on the attached pages.
The terms of this Order remain in effect until _____________________ ________, ____________, the
date of the hearing on the attached Rule to Show Cause, and may be extended by this Court at that time for good
cause shown.
WARNINGS TO DEFENDANT;
This order shall be enforced in any county of South Carolina and by the courts of any state, District
of Columbia, any U. S. Territory, and may be enforced by Tribal Lands (18 U.S.C. Section 2265). Crossing
state, territorial, or tribal boundaries to violate this order may result in federal imprisonment (18 U.S.C.
Section 2262).
Only the Court can change this order.
For Additional Information Call:
Sheriff
Clerk of Court
Phone Number
Phone Number
SCCA/753 (Amended 07/2008)
Page 1 of 4
The Plaintiff in this action filed a complaint and motion for a Restraining Order on
___________________ _______, __________. After reviewing the verified pleadings and affidavits, the
Court determined that there existed a present danger of bodily injury to the Plaintiff and, therefore, held
an emergency ex parte motion hearing on ___________________ _______, __________. At that
hearing, the Court determined that the Plaintiff proved by a preponderance of the evidence the need for a
Temporary Restraining Order.
The Court made the followings findings of fact: (Check all that apply)
1.
The Plaintiff lives in _______________________ County, _____________ (State).
2.
The Plaintiff lives at ________________________________________ (Street Address) which is in
_______________________ County, _____________ (State).
3.
The Defendant is employed at ________________________________________ which is located at
____________________________________________________________________.
4.
The Defendant is a nonresident of this State or cannot be found.
5.
The Harassment or Stalking, as described herein, occurred in ______________________, South Carolina.
st
nd
6.
The Defendant has committed the following acts which constitute Harassment in the 1
or 2
Degree or
Stalking:
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
IT IS THEREFORE ORDERED THAT
A.
The Defendant is restrained, prohibited, and forbidden from abusing, threatening to
abuse, or molesting the Plaintiff or members of Plaintiff’s family.
B.
The Defendant is restrained, prohibited, and forbidden from entering or attempting to
enter the Plaintiff’s place of residence, employment, education, or the following
locations: _________________________________________________________________________
__________________________________________________________________________________
C.
The Defendant is restrained, prohibited, and forbidden from communicating or
attempting to communicate with the Plaintiff in any way.
___________________ _______, __________
The terms of this Order remain in effect until
, the date
of the hearing on the attached Rule to Show Cause, and may be extended by this Court at that time for good cause
shown.
AND IT IS SO ORDERED.
Entered
at
___________
AM/PM
on
_____________________ ________, __________.
MAGISTRATE
VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE PUNISHABLE BY THIRTY DAYS IN
JAIL, A FINE OF FIVE HUNDRED DOLLARS, OR BOTH, AND IS IN ADDITION TO OTHER
CRIMINAL PENALTIES WHICH MAY RESULT FROM SUCH ACTION.
SCCA/753 (Amended 07/2008)
Page 2 of 4
PURSUANT TO SECTION
16-25-125
OF THE SOUTH CAROLINA CODE OF LAWS, IT IS
UNLAWFUL FOR A PERSON WHO HAS BEEN CHARGED WITH OR CONVICTED OF
CRIMINAL DOMESTIC VIOLENCE OR CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND
AGGRAVATED NATURE, WHO IS SUBJECT TO AN ORDER OF PROTECTION, OR WHO IS
SUBJECT TO A RESTRAINING ORDER, TO ENTER OR REMAIN UPON THE GROUNDS OR
STRUCTURE OF A DOMESTIC VIOLENCE SHELTER IN WHICH THE PERSON'S HOUSEHOLD
MEMBER RESIDES OR THE DOMESTIC VIOLENCE SHELTER'S ADMINISTRATIVE OFFICES.
A PERSON WHO VIOLATES THIS PROVISION IS GUILTY OF A MISDEMEANOR AND, UPON
CONVICTION, MUST BE FINED NOT MORE THAN THREE THOUSAND DOLLARS OR
IMPRISONED FOR NOT MORE THAN THREE YEARS, OR BOTH. IF THE PERSON IS IN
POSSESSION OF A DANGEROUS WEAPON AT THE TIME OF THE VIOLATION, THE PERSON
IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE FINED NOT MORE THAN
FIVE THOUSAND DOLLARS OR IMPRISONED FOR NOT MORE THAN FIVE YEARS, OR
BOTH.
TO LAW ENFORCEMENT OFFICERS:
Notwithstanding any other provision of law, the terms of this Order are enforceable throughout this State.
S.C. Code Ann. §16-3-1750(F). Any person who violates a provision of this Order is subject to a fine not to exceed
$500 or imprisonment not to exceed thirty days, or both. S.C. Code Ann. §16-3-1770(C). Law enforcement officers
shall arrest a defendant who acts in violation of this Order after service and notice of the Order have been provided.
An arrest warrant is not required. S.C. Code Ann. § 16-3-1800.
SCCA/753 (Amended 07/2008)
Page 3 of 4
COPY GIVEN TO PLAINTIFF BY ______ (initials)
COPY GIVEN TO DEFENDANT BY ______ (initials)
SCCA/753 (Amended 07/2008)
Page 4 of 4
Page of 4