How to Defend Order of Protection Sc Family Court
Society of Protection: Domestic Violence and Family Court in Southward Carolina
Clients typically phone call me almost Orders of Protection in two scenarios. The first scenario is a when a victim of domestic abuse has already obtained an Order of Protection and is now seeking to hire a family unit court and divorce lawyer to brainstorm the divorce process. The second, and more common scenario, is when a person who has been defendant of domestic violence is served with the Petition seeking an Lodge of Protection and find of the Order of Protection hearing and is seeking the assistance of a criminal lawyer to stand for him or her at the hearing. This defendant person may likewise exist seeking a criminal police force chaser to handle an accompanying criminal charge for domestic violence, and may exist seeking an attorney that can handle the Order of Protection hearing, the domestic violence criminal instance, and the divorce case.
What is an Gild of Protection?
SC Lawmaking § 24-4-20 defines an Order of Protection as "an gild of protection issued to protect the petitioner or small household members from the abuse of another household member where the respondent has received discover of the proceedings and has had an opportunity to be heard."
In other words, an Guild of Protection is an guild signed by a Family Court Approximate (occasionally a Magistrate or Summary Court Judge) that prohibits a person from having whatsoever contact with the person seeking the Gild of Protection. And then, for example, a wife may request i against her husband later being hit or abused, or may request one for their kid, as the "protected person(s)" tin include minor children.
The Society of Protection is enforceable in ii ways. Beginning, in South Carolina, it is a criminal offense to violate an Social club of Protection. If an Club of Protection has been issued against you lot, and y'all have contact, nonetheless slight information technology may be, with the protected person, law enforcement volition charge you with the law-breaking of Violating an Lodge of Protection.
The second mode the Order of Protection is enforceable is through the contempt power of the Family Court. If yous violate an Order of Protection, the protected person can file paperwork with the Family Court asking that y'all be found in contempt of courtroom for violating the order. The Family Court has the power to sentence you to jail, levy a fine confronting y'all, or sentence you to community service.
An Order of Protection lasts from half-dozen months to 1 yr, and can be renewed.
How will an Lodge of Protection bear on me?
In improver to the "no contact" provisions of an Guild of Protection, there are several other ways that the social club may affect you.
- Background cheque. If an Club of Protection is issued against you, it volition be listed on your federal and state criminal history. Any employer, or potential employer, who conducts a background bank check on you will know that an Order of Protection has been issued against y'all.
- Firearms ban. An Club of Protection triggers a federal firearms prohibition. If an Gild of Protection has been issued confronting you, yous are prohibited from possessing firearms.
- Child custody and visitation. A Family Court Judge can also order other relief in an Club of Protection. The Judge may address problems of kid custody, visitation, and temporary kid back up.
- Alimony and marital holding. The Judge may also address issues concerning temporary alimony, temporary possession of marital holding, and issue restraining orders prohibiting the sale of marital property.
In my practise, I accept seen a split among judges when it comes to dealing with bug that are traditionally dealt with in a divorce case; some judges volition only event the "no contact" provision of an Order of Protection and take the position that a party needs to starting time a divorce proceeding if he or she wants to deal with issues that are normally dealt with in a divorce or custody example. On the other hand, I take appeared before judges that have no trouble addressing kid back up, visitation, custody, and temporary pension in an Order of Protection.
What happens at an Gild of Protection Hearing?
An Order of Protection hearing is a curt trial presided over past a Family Court Approximate. The person seeking the Order of Protection volition testify about why he believes he is entitled to the Order of Protection; he will then be bailiwick to cross exam past the respondent's attorney. The respondent so has the opportunity to prove or offer show on her behalf; she will be subject to cross examination by the petitioner's attorney. The brunt of proof is "preponderance of the evidence," not the stricter burden of "proof of across a reasonable incertitude" that is used in criminal cases. The Family Court Judge may enquire questions equally well.
How exercise I file for an Order of Protection?
Y'all tin can retain a family law chaser to file for an Order of Protection on your behalf and represent you at the Gild of Protection hearing, merely this is non mutual. I have but seen this once in my practice. If police force enforcement was involved in your case, they volition by and large provide y'all with information on how to apply for an Order of Protection. In Greenville County, Compass of Carolina assists individuals in the Order of Protection process and has contract lawyers that assist the individual in the Order of Protection hearing. The Clerk of Court'southward office in Family Court volition provide y'all with the information on what organization in your county will assistance you with the Order of Protection procedure.
What should I do if I have been served with a Petition seeking an Order of Protection?
If you have been served with a Petition seeking an Order of Protection against you lot, yous need to call an attorney. The timeframe between when yous are served and when the hearing is scheduled is short; in some instances, information technology is equally short as 48 hours. Information technology is especially of import to contact an chaser if you too have been charged with domestic violence, because anything yous say in the Social club of Protection hearing tin can be used against you in your criminal example.
If you've been accused of domestic violence in South Carolina, have received or filed for an Lodge of Protection, or need an attorney for domestic violence charges or related Family unit Court issues, contact John today. John Newkirk is an experienced Family Court lawyer in South Carolina who represents individuals in divorce, corruption, and criminal law cases.
Posted in Criminal Law | Divorce and Family Law
Source: https://www.johnnewkirklaw.com/blog/48/Order+of+Protection+Domestic+Violence+and+Family+Court+in+South+Carolina
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