Temporary (Ex Parte) Restraining Order {SCCA-753}

STATE OF SOUTH CAROLINA COUNTY OF ) ) ) ) ) ) ) ) ) ) ) IN THE MAGISTRATES COURT PLAINTIFF(S) VS. TEMPORARY (EX PARTE) RESTRAINING ORDER DEFENDANT(S) CIVIL CASE NUMBER PLAINTIFF IDENTIFIERS SEX * Date of Birth of Plaintiff HAIR And/or on behalf of minor family member(s) or other Protected persons: (List name and DOB) DEFENDANT IDENTIFIERS RACE * DOB* EYES STATE DRIVERS LICENSE # Relationship to Plaintiff: Defendant's Address CAUTION: Weapon Involved *Indicates required information for entry into NCIC 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 January , , 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 05/2008) Page 1 of 2 American LegalNet, Inc. www.FormsWorkflow.com The Plaintiff in this action filed a complaint and motion for a Restraining Order on January ,2 . 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 January ,2 . 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. 2. 3. 4. 5. 6. The Plaintiff lives in The Plaintiff lives at County, (State). County, . (State). (Street Address) which is in which is located at The Defendant is employed at The Defendant is a nonresident of this State or cannot be found. The Harassment or Stalking, as described herein, occurred in , South Carolina The Defendant has committed the following acts which constitute Harassment in the 1st or 2nd 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. 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: B. 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 January , , 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 A.M. on January ,2 . 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. 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 05/2008) Page 2 of 2 American LegalNet, Inc. www.FormsWorkflow.com