Current Status Bill Number:
3991Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19950412Primary Sponsor: Cobb-HunterAll Sponsors: Cobb-HunterDrafted Document Number: jic\5780ac.95Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJDate of Last Amendment: 19950524Subject: Domestic violence, protective orders
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950525 Introduced, read first time, 11 SJ referred to Committee House 19950525 Read third time, sent to Senate House 19950524 Amended, read second time House 19950518 Committee report: Favorable with 25 HJ amendment House 19950412 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
May 24, 1995
S. Printed 5/24/95--H.
Read the first time April 12, 1995.
TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION AND MODIFICATION OF ORDERS FOR PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT PROTECTIVE ORDERS AND PROVISIONS OF PROTECTIVE ORDERS RELATING TO OTHER ISSUES, INCLUDING CUSTODY AND FINANCIAL SUPPORT, ARE VALID FOR ONE YEAR.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-4-70 of the 1976 Code is amended to read:
"Section 20-4-70. (A) Any An order of protection issued under subsection (a) of Section 20-4-60 shall must be for a fixed time not to exceed six months, but of a minimum of six months not to exceed one year unless the parties have reconciled as evidenced by an order of dismissal and may be extended by order of the court upon motion by the petitioner, showing good cause, with notice to the respondent. A respondent shall have 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.
(B) Any Provisions included in an order of protection granting relief pursuant to Section 20-4-60(c) shall dissolve without motion sixty days must be enforced until further order of the court following the issuance of such the order unless, prior to before the expiration of such 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 such the hearing has been scheduled, relief granted under Section 20-4-60(c) shall remain remains in effect beyond the sixty day period only 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) Any An order of protection issued by a magistrate shall expire expires as provided under the terms of the order or upon the issuance of a subsequent order by the Family Court, whichever occurs first."
SECTION 2. This act takes effect upon approval by the Governor.