Is it possible to modify a restraining order?
Yes, it is possible to modify a restraining order in South Carolina. A restraining order is a court order which places limits on a person’s behavior, usually in cases of domestic abuse. If the protected person or the restrained person seeks a modification of the restraining order, they can file a motion to modify the order with the court that issued it. The most common modifications requested are to change the boundaries of the restraining order to either narrow or expand its reach. The court may issue an order that changes the duration of the order, or it may create additional requirements such as a prohibition on alcohol or drug use or a requirement to attend counseling or therapy sessions. The court will only modify the restraining order if it is determined to be necessary and in the best interest of the protected person. When considering whether to modify the order, the court will consider the facts at the time of the request and how these facts affect the safety of the protected person. If a restraining order is modified, both parties must be served with the new order. The order may also be modified without notice if it is determined that the protected person would be in immediate danger without the modification. It is important to note that violations of a restraining order can result in serious criminal charges, so any modifications should not be taken lightly.
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