How Long Does a Restraining Order Last?
If you have been accused of abusing, harassing, or stalking another person, that individual may file a restraining order against you. In South Carolina, a temporary restraining order can be issued against anyone who has performed any acts of harassment, with a permanent order being issued at a later date. In this blog, our Greenville, SC, criminal defense attorneys provide an overview of what you need to know about restraining orders, as well as the penalties for violating a restraining order.
Temporary Restraining Orders in SC
In South Carolina, magistrate judges are allowed to hold emergency hearings for victims of harassment or stalking. The hearing will be held within 24 hours of the complaint being filed with the court. State law does not require the defendant to be made aware of the proceedings prior to the hearing. South Carolina law permits a magistrate to issue a temporary restraining order at an emergency hearing. The temporary order must be served upon the defendant and will last until the next scheduled hearing.
A temporary restraining order will prevent the defendant from contacting the victim or their family and from entering the victim’s home, workplace, school, or other location where they routinely go. If you attempt to go to any of these restricted locations, then you may be held in contempt of court.
Permanent Restraining Orders in SC
A temporary restraining order will remain in effect until the next hearing on the Rule to Show Cause. According to S.C. Code §16-3-1780, this hearing allows the restraining order to be extended up to one year. The one year may be extended by motion of the plaintiff if they can show good cause, while also giving notice to the defendant. The defendant is entitled to a hearing regarding the expiration of the order, which must be scheduled within thirty (30) days of its expiration.
Penalties for Violating a Restraining Order in SC
While violating a temporary order may result in serving up to 30 days in jail and/or having to pay a $500 fine, a permanent restraining order comes with more severe penalties. This may include imprisonment for one year and/or a $1,500 fine. If you are found in possession of a dangerous weapon, you may be sentenced to a maximum of five years in jail. If you visited a domestic violence shelter where the victim lives, then you may be sentenced to three years in jail.
It is important that you understand the terms of your restraining order and follow them to a T, since ignorance of the law is no defense to a restraining order violation. Imprisonment and fines are only the beginning, with those who violate restraining orders facing difficulties finding jobs and further advancing their careers due to the transgression.
If you have been accused of violating a restraining order, it is important that you seek representation. By obtaining an attorney early on in the process, you give yourself the best chance of mitigating the severity of your punishment.
Contact Our Greenville, SC, Criminal Defense Attorneys Today
If you are facing allegations of stalking or harassment, the alleged victim may seek a restraining order. A restraining order will prohibit you from contacting or being in the vicinity of the victim. If you violate any of the terms while the order is in effect, you may face harsh repercussions from the court. If you currently have a restraining order filed against you, our Greenville, SC, criminal defense lawyers are here to answer any of your questions.
To schedule a meeting with a member of our legal team, contact Ryan Beasley Law online or by calling (864) 756-4204 today.