Approval of Permanent Restraining Order and Emergency Restraining Order Forms

Act No. 58 of 2015 authorizes the issuance of permanent restraining orders by the Circuit Courts and Family Courts, and the issuance of emergency restraining orders by the Magistrate Courts, under specified circumstances.  These court forms are provided to facilitate the process.

The Supreme Court of South Carolina

RE:  Approval of Permanent Restraining Order and Emergency Restraining Order Forms

ORDER

I FIND THAT Part V of Act No. 58 of 2015 authorizes the issuance of permanent restraining orders by the Circuit Courts and Family Courts, and the issuance of emergency restraining orders by the Magistrate Courts, under specified circumstances.  The Act requires that those Courts provide forms to facilitate the process.

Therefore, pursuant to Art. V, § 4, South Carolina Constitution,

IT IS ORDERED that the following forms, all bearing the creation date of 06/2015, are approved for use in the Circuit Courts, Family Courts and Magistrate Courts of this State:

• Complaint for Permanent Restraining Order (Circuit and Family Court) (SCCA 291)
• Summons and Notice of Hearing (Circuit and Family Court) (SCCA 290)
• Permanent Restraining Order (Common Pleas Court) (SCCA 292C)
• Permanent Restraining Order (General Sessions Court) (SCCA 292G)
• Permanent Restraining Order (Family Court) (SCCA 292F)
• Petition for Emergency Restraining Order (Magistrate Court ) (SCCA 764)
• Motion and Affidavit for Emergency Hearing (Magistrate Court )(SCCA 765)
• Summons and Notice of Hearing (Magistrate Court)(SCCA 766)
• Ex Parte Emergency Restraining Order (Magistrate Court)(SCCA 767)
• Emergency Restraining Order (Magistrate Court)(SCCA 768)

The Magistrate Court forms will be included in the list of civil forms as provided by Rule 24 of the South Carolina Rules of Magistrate Court.

These forms will be available in the Statewide Case Management System, and on the South Carolina Judicial Department’s website at www.sccourts.org/forms. The provisions of this Order are effective immediately, and remain in effect unless amended or revoked by subsequent Order of the Chief Justice.

IT IS SO ORDERED.

Columbia, South Carolina
June 26, 2015