S.C. Supreme Court Takes Closer Look at Orders for Protection
The South Carolina Supreme Court issued an important decision today regarding cases heard under the Protection from Domestic Abuse Act. This statute set forth in S.C. Code § 20-4-10 et seq enables victims of domestic violence to seek an "Order for Protection" to prevent such future abuse.
In Moore v. Moore, after the husband's was arrested for criminal domestic violence (CDV), the wife filed an action pursuant to the above-referenced Act, and she requested an emergency hearing. At that hearing, the wife was offered a continuance to obtain counsel, but the husband’s request for a continuance was denied. At that hearing, the Family Court found that the husband had abused the wife and their son, and it issued an Order of Protection.
The Court found that the husband was provided procedural due process prior to the issuance of the Order of Protection, and it affirmed the decision of the Family Court. The Court then found that an Order of Protection issued pursuant to an emergency hearing (a) is temporary, (b) does not represent a final adjudication of the merits of the action, and (c) should not be used against a party in future litigation.
You can read the full text of Moore v. Moore by clicking HERE.
In Moore v. Moore, after the husband's was arrested for criminal domestic violence (CDV), the wife filed an action pursuant to the above-referenced Act, and she requested an emergency hearing. At that hearing, the wife was offered a continuance to obtain counsel, but the husband’s request for a continuance was denied. At that hearing, the Family Court found that the husband had abused the wife and their son, and it issued an Order of Protection.
The Court found that the husband was provided procedural due process prior to the issuance of the Order of Protection, and it affirmed the decision of the Family Court. The Court then found that an Order of Protection issued pursuant to an emergency hearing (a) is temporary, (b) does not represent a final adjudication of the merits of the action, and (c) should not be used against a party in future litigation.
You can read the full text of Moore v. Moore by clicking HERE.
In reading the signs of "How to notice the signs of Child abuse" I realize that my 3 kids are experiencing 75% of them while living in custodial custody with their mother. Though my attempts at getting police, courts, lawyers involved, all have lead me nowhere. Everytime I seek advice, I'm told that i have no control over what goes on while they are in her care. From one son getting a broken arm and not being taken to the doctors until I took him when it was my visitation, to my other son going to school with negative funds in his lunch account, to the third having long fingernails and scrapes from "playing" to her continued reluctance to allowing me additional visitation outside the court order whenever she becomes "upset". She's threatened that if I take this back to court or try to legally do somethign that "that will be it" and she will exhaust even more money and make sure I never see the kids.
This ultimately turns into a heated discussion and though I ask her to stop because the kids are around...it continues. I don't know what to do and feel that every avenue I've tried to take (mind you with limited funds), I have hit the bottom and don't know how to proceed.
Please advise...