Petition For Emergency Restraining Order {SCCA-764}

STATE OF SOUTH CAROLINA COUNTY OF ) ) ) ) ) Complainant ) ) ) ) Respondent. ) ) IN THE MAGISTRATES COURT CASE NUMBER: _____________________ PETITION FOR EMERGENCY RESTRAINING ORDER vs. I ask this court to issue an Emergency Restraining Order, because: 1. I am (check one): a. The victim of the criminal offense(s) (as defined in S.C. Code Ann. §16-3-1900(3)) that occurred in this State; or b. A competent adult who resides in this State on behalf of a minor child who is a victim of a criminal offense(s) (as defined in S.C. Code Ann. §16-3-1900(3)) that occurred in this State; or c. A witness who assisted the prosecuting entity in the prosecution of a criminal offense(s) (as defined in S.C. Code Ann. §16-3-1900(3)) that occurred in this State. This is the county where this case should be handled, since (check one): a. The respondent currently resides in this county; or, b. The criminal offense(s) occurred in this county; or, c. The respondent does not live in this State, or cannot be found, but I live in this county. The respondent was convicted of the following qualifying criminal offense(s) for which the victim was the subject of the crime(s) or a witness which assisted the prosecuting entity: _______ ______________________________. The conviction(s) took place in _______________ County on _______________ (date). The prosecuting entity/agency was _____________________________________________, and in the ______________________________ Court. Complainant requests: (Check one or more) a. That the respondent be temporarily enjoined from abusing, threatening to abuse, or molesting the victim, witness, or members of the victim's or witness's family. b. That the respondent by temporarily enjoined from entering or attempting to enter the victim's or witness's place of residence, employment, education, or other location. c. That the respondent by temporarily enjoined from communicating or attempting to communicate with the victim, witness, or members of the victim's or witness's family in a way that would violate the provisions of this section. ) ) ) ) ) ) ) 2. 3. 4. 5. Sworn to and Subscribed before me this day of ,2 Notary Public for South Carolina Signature of Complainant or Person on Behalf of Complainant under 18 years old My Commission expires NOTICE TO RESPONDENT: YOU HAVE THE RIGHT TO RETAIN COUNSEL TO REPRESENT YOU. SCCA/764 (06/15) American LegalNet, Inc. www.FormsWorkFlow.com