S.C. Code Ann. § 16-3-1750 – Action seeking a restraining order against a person engaged in harassment or stalking; jurisdiction and venue; forms; enforceability | Midpage
§ 16-3-1750
S.C. Code Ann. § 16-3-1750
Action seeking a restraining order against a person engaged in harassment or stalking; jurisdiction and venue; forms; enforceability
(A) Under this article, the magistrate's court shall have jurisdiction over an action seeking a restraining order against a person engaged in harassment or stalking.
(B) An action for a restraining order must be filed in the county in which:
(1) the defendant resides when the action commences;
(2) the harassment or stalking occurred; or
(3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found.
(C) A complaint and motion for a restraining order may be filed by any person. The complaint must:
(1) allege that the defendant is engaged in harassment or stalking and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;
(2) be verified; and
(3) inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.
(D) The magistrate's court shall provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court also shall provide forms to facilitate the preparation and filing of motions and affidavits to proceed in forma pauperis.
(E) Notwithstanding any other provision of law, a restraining order or a temporary restraining order issued pursuant to this article shall be enforceable throughout this State.