Yes, restraining orders are typically public records in South Carolina. However, locating and viewing these records can be more challenging than it seems at first glance.
The Public Nature of Restraining Orders
In South Carolina, restraining orders are part of the public record, like most court documents. This means that, technically, anyone can view them. But don’t panic just yet – it’s not as if these orders are plastered on billboards or easily searchable online.
Accessing Restraining Order Records
To view a restraining order, you’d need to make a trip to the courthouse where it was filed. You can’t just waltz in and start rifling through files, though. You’ll need some specific information:
- The court case number
- The name of at least one of the parties involved
- A few dollars to cover copy costs
It’s not exactly a walk in the park, which offers a level of privacy protection.
The Impact on Your Life
Now, you might be wondering, “Will this show up on my background check?” Good news – restraining orders are civil matters, not criminal. This means they won’t pop up on standard criminal background checks. Your potential employer won’t stumble upon this information unless they’re specifically digging for it.
Privacy
In some cases, particularly those involving domestic violence or stalking, the court may seal the file. This extra step ensures that the details remain confidential, protecting the victim’s privacy and safety.
Filing for a Restraining Order
In South Carolina, you have two main options:
- Order of Protection: For family or household members
- Restraining Order: For non-family members in cases of harassment or stalking
The process is free, but it can be complex. Many find it helpful to consult with a family law attorney to navigate the system effectively.
If You’re the Subject of a Restraining Order
while the order is a public record, it’s not a criminal charge. So, violating the order can lead to criminal penalties. It’s necessary to respect the terms of the order and seek legal advice if you believe it was issued unfairly.
Further Knowledge
To deepen your understanding of restraining orders in South Carolina, check out these resources:
- Understanding Restraining Orders in SC – A comprehensive video guide
While restraining orders are public records, they’re not easily accessible to the general public. If you’re concerned about your safety or privacy, don’t let the public nature of these records deter you from seeking protection. Your well-being should always come first.