Lifting No Contact Order

Summary

To lift a no contact order in South Carolina, you may need to file a motion to modify the order at the Anderson County Family Court. Ensure your paperwork is correctly filled out, including all necessary details such as case number, parties involved, and the specific relief youre seeking. Consider seeking free legal aid services like South Carolina Legal Services or the South Carolina Bar Pro Bono Program for assistance. Document the positive relationship between your children and your boyfriend, including letters, receipts, and statements. Providing evidence of sobriety and positive contributions can help in lifting the order.

Full Conversation

I am trying to get a no contact order lifted off my boyfriend against my children that was placed by dss when they closed the case in a final court hearing
What was the reason for the no contact order being placed initially?
he refused to take a drug test when he had nothing to do with the dss case he was just helping me
What is the current status of your boyfriend's drug test? In South Carolina, refusal to take a drug test can be seen as an admission of guilt.
he hasnt taken one the case was closed jan * *
What steps have you taken so far to get the no contact order lifted?

In South Carolina, you may need to petition the court that issued the order.
i have tried to file a motion but everytime i take paperwork to the court they say it is wrong even though it was what the court appointed attorney told me to file
What specific feedback did the court provide about your paperwork?

In South Carolina, motions must be filed in the correct format and include all necessary information.
they said it was not right and wouldnt tell me what was wrong about it
What exactly did you include in your motion? It's important to ensure all necessary details are included, such as case number, parties involved, and the specific relief you're seeking.
i asked to modify the no contact to have it lifted, my kids father has not been in their life for almost 2 years now
What is the name of the court where you are filing the motion?
anderson county family court
The Anderson County Family Court is located at * South Main Street, Anderson, SC *. Their contact number is (*) *-*. Have you contacted them directly for guidance on your paperwork?
they tell me they cannot give legal advice
What is the name of your court-appointed attorney? They should be able to guide you through the process.
his name is Nima Fiuzat but he no longer represents me since the case was closed
Have you considered seeking help from another attorney or legal aid service to ensure your paperwork is correctly filled out?
i cannot afford another attorney or the cosultation fees
Have you looked into free legal aid services in South Carolina, such as South Carolina Legal Services or the South Carolina Bar Pro Bono Program?
i have searched but havent found any help
I'm sorry to hear that, ****. Have you tried reaching out to the South Carolina Bar's Pro Bono Program at (*) *-* or South Carolina Legal Services at *-*-*-*?
no i havent
I recommend contacting them. They may be able to provide free legal assistance or guide you on how to correctly file your motion.
okay i even mailed the judge a letter
What was the content of the letter you mailed to the judge?
i explained that the kids father was no longer in their life anymore that he had bench warrants for various reasons, and explained how my boyfriend was helping me raise the kids in place of their father even though it is from a distance he is more of a father to them than their own
What was the judge's response to your letter?
i did not recieve one
What is the name of the judge you sent the letter to?
Judge James F Fraley Jr he is the one who was in the final court hearing for dss when the no contact was issued
What is the current status of your boyfriend's drug use? Has he considered taking a drug test to prove his sobriety?
He smokes the delta * or delta * that the tobacco shops have we explained this to the dss workers and the judge, my ex husband refused to take a drug test and nothing happened to him
What is the legal status of Delta * and Delta * in South Carolina?
its legal in south carolina
What is the nature of your boyfriend's relationship with your children?
even though they cant be around him they love him they think of hiom as a step father
What is the age of your children?
*, *, *
What is the nature of the relationship between your children and their biological father?
there is none, they havent talked in almost 2 years when in my divorce hearing he didnt show up and i was granted sole custody with his visitation at my discretion and him to pay child support
What is the status of the child support payments from their biological father?
he is 26 months behind
What actions have you taken regarding the missed child support payments?
i have complained and they have suspended his lisence he has had * bench warrants and there is nothing i can do because i do not know where he is at
What actions has the court taken regarding the missed child support payments?

In South Carolina, non-payment of child support can lead to penalties like wage garnishment, property liens, and jail time.
suspended Driving liscense and bench warrents, supposed to wage garnish but there is no job record for him
What is the last known address or location of your children's biological father?
liberty sc 2 years ago, he is no longer there
What steps have you taken to locate your children's biological father for the purpose of enforcing child support payments?
i have looked on social media his number has changed and his family will not talk to me
Have you considered filing a contempt of court action against your children's biological father for non-payment of child support? In South Carolina, this can be done through the Department of Social Services.
i have but they already have a bench warrant out for him
What is the status of the bench warrant? Has it been served or is it still outstanding?
it is outstanding they can not find him
What is the name of your children's biological father?
Devon ****
What is the full name of your boyfriend who has the no contact order against him?
Gordon Trammell
What is the nature of the charges against Gordon Trammell that led to the no contact order?
there was no charges
What was the reason given by DSS for imposing the no contact order on Gordon Trammell?
refusing to submit drug test
What was the context in which Gordon Trammell was asked to submit a drug test?
there was marijuana in my daughters system but not her brothers, i failed mine and done the classes and everything they asked and been sober for 3 years and 3 months now, my ex was asked to take one but he refused and when dss found out that my boyfriend was around the kids he was asked since he was around the kids but so was my brothers and family and my exs family, out off all of us only me, my ex and my boyfriend was asked to take a drug test even my exs girlfriend wasnt asked
What was the result of your drug test and what actions did you take after that?
my test was positive for marijuana, i completed the drug classes dss asked
What was the outcome after you completed the drug classes?
the case stayed open for almost 2 years untill i had to threaten to sue dss they finally gave me a final court hearing after changing dss case workers
What was the outcome of the final court hearing?
my boyfriend and i had to plead guilty to child neglect and the closed the case and issued the no contact on my boyfriend
What were the terms of the no contact order issued against your boyfriend? In South Carolina, violating a no contact order can lead to criminal charges.
just no contact and to file a action
What is the specific action you were instructed to file according to the no contact order?
the court order just said that mr trammell can file an action for the no contact order
What type of action did the court order specify that Mr. Trammell should file to lift the no contact order?
it did not say specifically
What is the exact wording of the court order regarding the action Mr. Trammell should file?
Mr. Trammell may file an action. thats all it said
What is the case number of the court order that states "Mr. Trammell may file an action"?
*-DR-*-*
What is the current status of the case *-DR-*-*?
its closed
What is the reason given by the court for keeping the no contact order in place even after the case was closed?
they didnt give one just that it was ordered for mr. trammell a no contact, i to have sole custody of the kids. the judge told me he cannot tell me who i can or cant have around my kids that is why he put in the order that mr trammell could file an action
What type of action did your previous attorney suggest you file to lift the no contact order?

In South Carolina, you may need to file a motion to modify the no contact order. This should be done at the Anderson County Family Court.
he just told me to file a motion he didnt tell me how or what forms i needed i had to search and all i could find was on domestic abuse no contact
What specific type of motion did your attorney advise you to file? In South Carolina, there are different types of motions for different situations.
he didnt give a specific name
What is the exact wording of the no contact order against Mr. Trammell in the court documents?
that mr trammell have no contact with the children
What is the duration of the no contact order against Mr. Trammell?
there was no time limit on the order
there was not a duration on the order
What steps have you taken to prove that Mr. Trammell is no longer using illegal substances? In South Carolina, providing evidence of sobriety can help in lifting a no-contact order.
my parents and i have written statements explaining mr trammell never used illegal substances around the children he gets the legal delta *
What is the current status of Mr. Trammell's drug use? Is he willing to take a drug test now to prove his sobriety?
he smokes the delta * it is legal and he will not take a drug test because what he smokes is lega;
Is Mr. Trammell willing to provide evidence of his legal use of Delta *, such as receipts or medical prescriptions?
there is no medical prescription for delta * in south carolina anyone over the age of * can get it from any tobacco store.
What is the impact of the no contact order on your children's emotional and psychological well-being?
the miss him very much they write letters and draw pictures, they talk about him more than their own father
What steps have you taken to document the emotional and psychological impact of the no contact order on your children?
i have kept their letters for mr trammell it shows how much they miss him
What is the content of these letters? It might be helpful to include them as evidence if they show a positive relationship between Mr. Trammell and your children.
they tell him how much they miss him how they are doing in school
What is the nature of the relationship between your children and Mr. Trammell as described in these letters?
they look at him as a step father
What actions has Mr. Trammell taken to demonstrate his commitment to being a positive influence in your children's lives?
he helps get the kids clothes shoes everything their own father is supposed to be doing he does
What evidence do you have to show Mr. Trammell's positive contributions towards your children's lives?
i have reciepts of where he bought the kids things, he admires how the kids are doing in school. he has been in their life for over 6 years the past 2 years has been the worst since the no contact order was placed
What is the nature of the items Mr. Trammell has purchased for the children? Are they essential items like clothing, school supplies, etc?
they are clothes, shoes, books, a few toys. bikes
What evidence do you have to show that these items were purchased by Mr. Trammell?
he used his debt card with his name on it
What is the nature of the relationship between Mr. Trammell and your children as described in the receipts?
he is showing he cares for them helping get what they need like a father does
What is the nature of the relationship between your children and their biological father currently?
they do not talk or havent seen each other in almost 2 years
What steps have you taken to ensure your children's safety and well-being in the absence of their biological father?
i home school my children, i am self employed and my parents help when needed
What is the nature of your self-employment and how does it affect your ability to care for your children?
i work my own hours doing small jobs and filing paperwork, since the children are homeschooled they can come with me to some jobs
What kind of small jobs do you do and how does it affect your children's education and well-being?
i do small things around the home, it doenst affect the childrens education
What kind of home schooling program are your children enrolled in?
k12
What is your experience with the K12 homeschooling program and how has it impacted your children's education?
it helps with being self employed and the childrens grades have drastically improved
What is the current academic performance of your children in the K12 homeschooling program?
they are making high grades
What subjects are your children excelling in?
reading and math
What steps have you taken to ensure your children's continued progress in their education, particularly in reading and math?
they read outside of school and practice math problems
the read books when they are not in school and practice math problems
What type of books do they read and how often do they practice math problems?
they read chapter books and almost everyday we find different ways to make math problems
What type of chapter books do they read and how do you make math problems interesting for them?
the read adventure and making math fun using different objects they enjoy to make it interesting
What kind of adventure books do they enjoy reading? And could you provide an example of how you use objects to make math interesting?
for my youngest i use her toys to get her to add with , and right now the oldest two are reading the magic tree house series
What is the impact of the no contact order on your children's relationship with Mr. Trammell?
they miss him and want him around they do not have a father figure right now
What steps has Mr. Trammell taken to demonstrate his commitment to being a positive influence in your children's lives?