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2008-07-17-01

The Supreme Court of South Carolina

Re:  Family Court Order – Protection from Domestic Abuse


ADMINISTRATIVE ORDER


Pursuant to the provisions of S.C. Const. Art. V § 4,

IT IS ORDERED that Form SCCA 426ABCD, Family Court Order – Protection from Domestic Abuse Act, bearing a revision date of (7/08), is approved for use in the Family Courts of South Carolina.  On June 11, 2008, the Governor signed into law R396, H5001 which amends § 20-4-60 (B) by requiring the following language to appear on every order of protection issued pursuant to Title 20, Chapter 4:  

“Pursuant to Section 16-25-125 of the South Carolina Code of Laws, it is unlawful for a person who has been charged with or convicted of criminal domestic violence or criminal domestic violence of a high and aggravated nature, who is subject to an order of protection, or who is subject to a restraining order, to enter or remain upon the grounds or structure of a domestic violence shelter in which the person's household member resides or the domestic violence shelter's administrative offices. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned for not more than three years, or both. If the person is in possession of a dangerous weapon at the time of the violation, the person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both.”

The revised form supersedes all previous versions of this form.

IT IS SO ORDERED.

s/Jean Hoefer Toal                                   
Jean Hoefer Toal, Chief Justice

July 17, 2008
Columbia, SC