If you are dealing with a protective order, you may be feeling overwhelmed, anxious, or unsure of your next steps. Whether you need protection from abuse or have been served with a restraining order, your rights and future may be directly affected. A Charleston protective order lawyer could help you understand what to expect, represent your interests in court, and protect your legal standing throughout the process.
An experienced criminal defense attorney could guide you through the state’s domestic violence laws, explain how protective orders work, and help you gather the documentation and evidence needed to support your case. At Adams & Bischoff, we understand how sensitive and stressful these cases can be and aim to help you move forward with confidence and clarity.
Understanding Protective Orders
Protective orders (often called restraining orders) are designed to protect individuals from abuse, harassment, or threats of violence. The two main types are Orders of Protection and Restraining Orders. Orders of Protection generally apply to cases involving family or household members and are governed by South Carolina Code of Laws Unannotated § 20-4-60. Restraining Orders, on the other hand, may apply to individuals without a domestic relationship, such as coworkers or acquaintances, under S.C. Code Ann. § 16-3-1750.
If you are seeking protection, an attorney could help you prepare your petition, present your evidence, and represent you during the hearing. If granted, a protective order could restrict contact, communication, and proximity between you and the respondent. The court may also grant temporary custody or possession of shared property when appropriate. Working with a lawyer in Charleston could ensure that your protective petition is clear, complete, and supported by strong evidence.
If you have been served with a restraining order, the situation is just as serious. Violating a protective order can lead to criminal penalties and damage to your personal or professional reputation. You have the right to challenge the allegations made against you, and an attorney could help you prepare a defense, gather witnesses, and ensure your side of the story is heard.
How a Lawyer Could Help You Respond to or Obtain a Protective Order
Protective order hearings in the state can move quickly, sometimes within days of a petition being filed. A Charleston protective order attorney could help you act fast to protect your interests.
If you are requesting an order, a lawyer could help you present credible evidence such as text messages, police reports, medical documentation, or witness statements. They could also ensure that you meet all filing requirements and appear properly before the court.
If you are responding to an order, your lawyer could help you understand the conditions placed against you and explore options for modifying or dismissing the order. A strong defense may involve proving that the allegations are false, exaggerated, or not legally sufficient to warrant court protection. Legal representation is especially important if your case involves overlapping criminal charges, such as assault or harassment, as a protective order could influence those proceedings.
Contact a Charleston Protective Order Attorney for Guidance
If you are facing a protective order issue, you do not have to navigate it alone. A Charleston protective order lawyer could explain your options, help you prepare your case, and stand by your side throughout the legal process.
At Adams & Bischoff, LLC, we take a thorough and respectful approach to every case. Our team understands the emotional and legal challenges involved in these situations and could provide the steady legal guidance you need. Contact us today to discuss your case and learn how we could help you protect your rights and future.