Current Status Bill Number:
89Ratification Number: 284Act Number: 270Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19970114Primary Sponsor: HollandAll Sponsors: HollandDrafted Document Number: s-jud\holland\jud9005.dhhDate Bill Passed both Bodies: 19980212Date of Last Amendment: 19980210Governor's Action: SDate of Governor's Action: 19980407Subject: Domestic violence, order of protection from, duration of; domestic relations, crimes and offenses
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19980423 Act No. A270 ------ 19980407 Signed by Governor ------ 19980401 Ratified R284 Senate 19980212 Concurred in House amendment, Enrolled for ratification House 19980211 Read third time, returned to Senate with amendment House 19980210 Amended, read second time House 19980204 Committee report: Favorable with 25 HJ amendment House 19970416 Introduced, read first time, 25 HJ referred to Committee Senate 19970415 Read third time, sent to House Senate 19970410 Read second time Senate 19970409 Committee report: Favorable 11 SJ Senate 19970114 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
(A270, R284, S89)
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.
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 7th day of April, 1998.