I want to discuss with you three situations that are commonly seen in law enforcement.
They are courtesy summons, restraining orders and orders of protection. There is a lot of confusion about how and when these procedures should be used, so I hope that after you read this you will have a better understanding of these procedures.
One method I will cover is used to help resolve issues.
The other two are used to protect individuals who require assistance from unwanted and potentially violent situations.
The first procedure is a courtesy summons.
It is a document that can be issued by either a municipal or magistrate judge. It is mainly used in civil proceedings but can be used in some criminal misdemeanor charges as well. It is mainly used when a non-law enforcement individual swears out an affidavit against the individual with whom they have a grievance.
The affidavit must provide probable cause that would establish that the recipient of the summons probably committed the offense. The summons would inform the recipient of the charges and would give them a date and time to appear in court.
Both parties involved would testify their accounts of the incident and present any evidence or witness testimony they may have. The judge would then rule and any fines, jail time, or both would be enforced at that time.
The second procedure is a restraining order. It can also be issued by a municipal or magistrate judge and it is used mainly when an individual has been harassed or stalked by another individual(s) who does not fall into the household member category.
A household member, according to South Carolina state law, is a spouse, former spouse, people who have children together, and people of opposite sex who live together or have lived together and were intimate. Usually, in order to get a restraining order, there must be two or more incidents reported to your local law enforcement.
You should take those reports to your magistrate or municipal judge and fill out the paperwork and schedule a hearing. During the time you are waiting for your hearing, the judge can put a temporary restraining order in place. This can be done without hearing the other individual’s testimony.
The judge would then send the other individual a letter advising him/her of the situation and give them a date and time to appear in court. After hearing both sides and if the judge rules in your favor, both will be given a copy of the restraining order.
It should be very detailed and specific and will explain what will constitute as a violation of that order. It also should state the consequences for violating the order as well. There are different opinions on how long a restraining order is good for. You should ask that judge if there is a time frame and what the instructions are for renewing the order if should you still need it. Also, a restraining order is only enforceable in the jurisdiction it has been issued in.
The last procedure is an order of protection. It is basically the same as a restraining order but it is used for individuals who are considered household members, and it has a little more strength. Once it’s issued and all parties involved have been notified and explained the particulars of the order, if the individual who the order is against violates the order, they can be arrested for that violation.
Also, the order of protection in South Carolina is good for six months to a year and can be renewed if the victim requests family court for a renewal prior to the order expiring. If the order of protection is issued and the charges are a felony, and if jail time is involved for the subject, then the victim can ask for a permanent order of protection which lasts for life. Orders of protection are enforceable in all 50 states, so if you have to move just make sure you have it on hand should you need to call law enforcement.
I hope this gives you a better understanding of this particular part of the law, and should you have any questions, please feel free to email at dgraham@clarendoncountygov.org and I will cover them in my future articles.
