South Carolina Code 20-4-50. Hearing on petition
Current as of: 2023 | Check for updates
|
Other versions
(a) Within twenty-four hours after service of a petition under this chapter upon the respondent, the court may, for good cause shown, hold an emergency hearing and issue an order of protection if the petitioner proves the allegation of abuse by a preponderance of the evidence. A prima facie showing of immediate and present danger of bodily injury, which may be verified by supporting affidavits, constitutes good cause for purposes of this section.
(b) If the court denies the motion for a twenty-four-hour hearing or such a hearing is not requested, the petitioner may request and the court must grant a hearing within fifteen days of the filing of a petition. The court must cause a copy of the petition to be served upon the respondent at least five days prior to the hearing, except as provided in subsection (a), in the same manner required for service in the circuit courts. Where service is not accomplished five days prior to the hearing, the respondent, upon his motion, is entitled to a continuance until such time is necessary to provide for compliance with this section.
Terms Used In South Carolina Code 20-4-50
- Abuse: means :
(1) physical harm, bodily injury, assault, or the threat of physical harm;
(2) sexual criminal offenses, as otherwise defined by statute, committed against a family or household member by a family or household member. See South Carolina Code 20-4-20 - Allegation: something that someone says happened.
- Continuance: Putting off of a hearing ot trial until a later time.
- Court: means the Family Court. See South Carolina Code 20-4-20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Order of protection: means an order of protection issued to protect the petitioner or minor household members from the abuse of another household member where the respondent has received notice of the proceedings and has had an opportunity to be heard. See South Carolina Code 20-4-20
- Petitioner: means the person alleging abuse in a petition for an order of protection. See South Carolina Code 20-4-20