Ending a marriage or other type of long-term relationship can be difficult for all parties involved. Some divorces are quick, simple and even amicable, while others are carried out with bitterness and resentment. In these latter cases, some individuals might become violent or threatening toward their former spouse. If you are currently going through the divorce process and you’re worried that your former spouse might harm you in any way, consider filing for a restraining order against him or her. A restraining order is a court-ordered requirement that one individual not contact or come within a specified range of another for a specified length of time. You have the right to feel safe during and after the divorce process.

Steps to Filing a Restraining Order in South Carolina

In South Carolina, there are a few steps to the restraining order process.

First, contact an experienced divorce attorney to help you through this process. He or she will advocate for you and your safety while guiding you through the necessary legal actions to procure your restraining order.

Next, contact the magistrate court of the county where your former spouse resides. If your former spouse resides here in Charleston County, contact the magistrate court located in Charleston, South Carolina. All restraining orders are handled at this court level. If you are in immediate danger, the court can grant you a temporary restraining order within twenty-four hours. Otherwise, a hearing is held between five and fifteen days after the initial complaint, at which time the court hears the case and decides the appropriate course of action.

If the court decides that a restraining order is appropriate for the applicant and his or her former spouse, it may grant the applicant a restraining order for up to one year. If the applicant wishes to extend the restraining order, he or she must file official motions to do so within thirty days of its expiration.

Penalties for Violating a Restraining Order

A restraining order prohibits an individual from harassing or stalking the filer. The behaviors that constitute harassment and stalking, as well as their penalties, are defined in South Carolina Code 16-3-1700.

Harassment is any unreasonably repetitive behavior that distresses or otherwise negatively impacts an individual’s ability to freely conduct his or her chosen lifestyle. This can include persistent phone calls, vandalism of his or her property, continually following him or her, and surveillance of the individual. Stalking is defined as any pattern of words or conduct meant to scare an individual.

The penalties for violating a restraining order are a $500 fine and up to thirty days in jail.

Contact an Attorney with Experience in Restraining Orders

Nobody should have to live in fear of violence from their former spouse. If you’ve experienced any type of domestic harassment or stalking and want it to end, call the McGrath Law Firm at 843-606-2755 for your free legal consultation. You’ll have the opportunity to discuss the specific details of your case with one of our team’s attorneys and learn more about the restraining order process.

The staff at McGrath Law Firm are committed to serving our community. As a member of the Board of Directors for Chase After a Cure, attorney Matt Pecoy is corporate counsel for the non-profit organization, which is dedicated to children’s cancer research. On September 12, 2014, Chase After a Cure donated $130,000 to MUSC Children’s Hospital to assist the hospital with funding research labs which specialize in children’s cancer research. Since its inception in 2009, Chase After a Cure has donated more than $700,000 toward supporting local childhood cancer research. For more information, go to chaseafteracure.com.

The McGrath Law Firm, PA continued to show its support for Chase After A Cure, Inc. by sponsoring a hole and foursome in its annual golf tournament on September 18, 2014 at Patriot’s Point Golf Course.  The team is pictured above and included Bradford Pelletier, Michael Perkins, Baron DeKalb (not pictured), and Matt Pecoy.   Mr. Pecoy is an associate at the McGrath Law Firm, serves as corporate counsel for Chase After A Cure, Inc., and sits on its Board of Directors.  Chase After A Cure, Inc. is a 501(c)3 that raises funds and awareness for neuroblastoma research.

Share your airplane anxiety with anyone and you will inevitably get the “but flying is the safest way to travel!” response. While flying remains among the safest ways to travel, the recent Malaysia airlines crashes have only raised fears in already weary airplane travellers. Even closer to home, a Mount Pleasant based private plane recently crashed, killing the two occupants—a not-so-subtle reminder that the dangers of flying still exist.

Twenty-year-old flight student Matthew Gaither was piloting a Cessna 150 when it went down immediatelyafter take off. Both he and his flight instructor, Graham Borland, died upon impact. Gaither, a Navy Seal hopeful, had just begun pilot training a week prior to the accident, and was likely the one operating the plane at the time of the crash. The National Transportation Safety Board began its investigation last week, but no cause of the accident has been reported to media outlets. As of today, no charges have been filed by either Gaither or Borland regarding the crash.

Aviation Accidents

Due to the speed, velocity, and height when airborne, aviation accidents are among the most devastating of all catastrophic events. Filed usually as catastrophic injury or wrongful death claims, aviation lawsuits are complex, time-consuming, and require significant expertise both in the area of aviation and in complex litigation. In the event of a death, it is usually the decedent’s estate that brings the legal claim. The estate can seek damages for the wrongful death action and ultimately recover for things such as pain and suffering, funeral expenses, medical expenses, loss of earning capacity, or emotional distress.

If awarded, these fees are paid out by the responsible parties. In an aviation lawsuit, the possible causes of an accident are numerous and may be attributed to any number of separate parties. In addition to the people responsible for flying the plane, other actors include:

• Air traffic controllers at the airport and other airport staff;
• The airplane company or manufacturer;
• Parts manufacturers or mechanics;
• Charter companies; and
• Private plane owners.

The ultimate determination of what happened in an aviation accident can take years, and blame can be difficult to place. Therefore, settlements are common in this area of the law.

South Carolina Aviation

The August 14, 2014 plane crash was not the first in South Carolina this year. Three people died in March, two in May, and there was a non-fatal crash in April, all in small, private planes. Worldwide, 2014 has not been a good year for those travelling by airplane. In the first two months of 2014 alone, nearly 400 people died in plane crashes, compared to less than 500 in all of year 2013 combined. While this may seem like an astronomical number to those of us that already fear flying, according to a 2013 New York Times article, flying is still the way to go. With your chances of dying in a plane crash around 1 in 11 million in comparison to the odds of dying in a car crash around 1 in 5,000, flying (especially on commercial airlines) really does remain the safest way to travel.

Next Steps

Deciding to bring a legal claim after an aviation accident can be complicated, time-consuming, and overwhelming. If you or anyone you know has been injured in an aviation accident or any other catastrophic accident, you need experienced attorneys that can help guide you through the process. Contact the knowledgeable catastrophic injury attorneys at the McGrath Law Firm that will wholly dedicate themselves to your case. Serving Columbia, South Carolina and neighboring communities, we are here to give you and your families the representation you deserve.