What Proof Do You Need for a Restraining Order?

Restraining orders in South Carolina are used to help protect those being harassed or stalked by others. These orders prohibit those accused from engaging in specific actions and activities, and they are generally issued by the state’s magistrate courts or, in some situations, by the state’s family courts. If you’re the subject of a restraining order, consulting with an experienced Columbia criminal defense lawyer is always advised.

Requirements for Applying

To begin, it’s important to note that only someone who claims they are the victim of specific criminal acts can seek a restraining order in the State of South Carolina. The crimes in question include the following:

• First-degree harassment
• Second-degree harassment
• Stalking

It’s important to note that no special relationship needs to exist between the accused and the person seeking a restraining order.

The Proof Required

Before someone can obtain a restraining order against someone else, the person seeking the order must prove that they were harassed or stalked by the accused.

For First-Degree Harassment

First-degree harassment relates to causing the victim to experience emotional or mental distress on at least two separate occasions. The actions of the accused must have served no legitimate purpose and must have been both intentional and unreasonable – amounting to a substantial intrusion into the private life of the victim. Examples include:

• Following or watching the victim
• Hanging around the victim’s home, workplace, school, or any other place they frequent
• Contacting the victim after being warned not to
• Damaging the victim’s property

Second-Degree Harassment

For the charge of second-degree harassment to hold, the same basics apply, including causing the victim to suffer emotional or mental distress. The distinction between first- and second-degree harassment is the serious nature of the perpetrator’s actions. For example, following someone repeatedly is typically considered more serious than calling them repeatedly.

Stalking

For the charge of stalking to apply, the victim must have credibly feared – on at least two occasions – that the accused might harm them or their family or might damage their own or their family’s property.

To obtain a restraining order, the person seeking it is not required to prove the matter beyond a reasonable doubt – the way they would be in a criminal case. Instead, they need to establish what is called the preponderance of the evidence, which loosely translates to it being more likely than not that the accused harassed or stalked them. This is a much less challenging standard to meet.

Turn to an Experienced Columbia, SC, Criminal Defense Attorney for the Help You Need Today

If someone is seeking a restraining order against you, Jonathan Harvey at the Law Office of Jonathan M. Harvey is a trusted Columbia criminal defense lawyer who recognizes the severity of your situation and has the legal skill, experience, and insight to help. Maintaining a clean record is important to your future, so please don’t delay contacting us online or calling 803-779-3363 for more information about what we can do for you today.