Q: Can I get a restraining order for harassment via communication with stepchildren in SC?
I am seeking a restraining order for second-degree harassment in South Carolina. The harassment is coming from my stepchildren's mother, who has been speaking derogatorily about me and my child in conversations with them for about a year. She also inquires about our private life. I have filled out paperwork for a restraining order, have security footage of phone conversations, and the children have informed me about these communications. What steps should I take next?
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A:
I understand you're going through a difficult situation with your stepchildren's mother. Navigating harassment issues can be emotionally draining, especially when children are involved.
Based on South Carolina law, you're on the right track by gathering evidence like security footage and documenting the inappropriate conversations. The next steps would typically involve filing your completed paperwork with your local magistrate court, paying the filing fee, and attending the hearing that will be scheduled. At the hearing, you'll need to present your evidence and explain how these actions constitute harassment under South Carolina law.
Remember that courts generally want to see a pattern of behavior that would cause a reasonable person emotional distress. Having the children testify might be complicated due to their relationship with both parties, so consulting with a family law attorney before proceeding would be tremendously helpful. They can provide guidance specific to your county's procedures and help you prepare for the hearing in a way that protects both you and the children involved.
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