S*0089(Rat #0284, Act #0270 of 1998)  General Bill, By Holland
 A BILL TO AMEND SECTION 20-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION FROM DOMESTIC ABUSE,
 SO AS TO PROVIDE THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF
 SIX MONTHS AND TO AUTHORIZE THE COURT TO DISMISS THE ACTION WITHOUT A HEARING
 IF THE PARTIES RECONCILE.-AMENDED TITLE

   01/14/97  Senate Introduced and read first time SJ-113
   01/14/97  Senate Referred to Committee on Judiciary SJ-113
   04/09/97  Senate Committee report: Favorable Judiciary SJ-8
   04/10/97  Senate Read second time SJ-27
   04/15/97  Senate Read third time and sent to House SJ-15
   04/16/97  House  Introduced and read first time HJ-17
   04/16/97  House  Referred to Committee on Judiciary HJ-17
   02/04/98  House  Committee report: Favorable with amendment
                     Judiciary HJ-5
   02/10/98  House  Amended HJ-14
   02/10/98  House  Read second time HJ-14
   02/11/98  House  Read third time and returned to Senate with
                     amendments HJ-15
   02/12/98  Senate Concurred in House amendment and enrolled SJ-17
   04/01/98         Ratified R 284
   04/07/98         Signed By Governor
   04/07/98         Effective date 04/07/98
   04/21/98         Copies available
   04/24/98         Act No. 270

AN ACT TO AMEND SECTION 20-4-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION OF AN ORDER OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT AN ORDER OF PROTECTION BE ISSUED FOR A MINIMUM PERIOD OF SIX MONTHS AND TO AUTHORIZE THE COURT TO DISMISS THE ACTION WITHOUT A HEARING IF THE PARTIES RECONCILE.

Be it enacted by the General Assembly of the State of South Carolina:

Minimum duration for order of protection; dismissal upon reconciliation

SECTION 1. Section 20-4-70 of the 1976 Code, as last amended by Act 138 of 1995, is further amended to read:

Section 20-4-70. (A) An order of protection issued under Section 20-4-60 must be for a fixed time not less than six months nor more than one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended or terminated by order of the court upon motion by either party showing good cause with notice to the other party. A respondent has the right to a hearing on the extension of an order issued pursuant to this section within thirty days of the date upon which the order will expire. If the parties reconcile, the issuing court may grant an order of dismissal without a hearing if the petitioner receiving the order of protection to be dismissed appears personally at the offices of the issuing court, shows proper identification, and signs a written request to dismiss based on the reconciliation.

(B) Provisions included in an order of protection granting relief pursuant to Section 20-4-60(c) must be enforced until further order of the court following the issuance of the order unless before the expiration of the period the court has scheduled a hearing pursuant to the filing of an action for divorce or separate support and maintenance to determine the temporary rights and obligations of the parties with respect to support of a spouse or children, custody and visitation, or the distribution of personal property. If the hearing has been scheduled, relief granted under Section 20-4-60(c) remains in effect until an order pursuant to the hearing is issued by the court.

(C) The family court may modify the terms of any order issued under this section.

(D) An order of protection issued by a magistrate expires as provided under the terms of the order or upon the issuance of a subsequent order by the family court, whichever occurs first.

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 7th day of April, 1998.