Summary
In South Carolina, you can seek a restraining order against a coworker by filing a petition at the local Family Court, such as in York County. Evidence of harassment, threats, or physical harm is required. If a restraining order is granted, it may include conditions like maintaining a certain distance. Violating the order, even with employer permission, can lead to arrest. To support your case, gather documentation, witness statements, and physical evidence. You can also use police reports from past incidents as evidence. Contact the York County Sheriffs Office to obtain such reports. If your workplace lacks an HR department, legal advice from an attorney may be beneficial.Full Conversation
can i get a restraining order on a co-worker?
Hi Michael. Yes, you can seek a restraining order against a co-worker in South Carolina.
- **Types of Restraining Orders**: You might need a civil harassment order or an order of protection, depending on the situation.
- **Requirements**: You must show evidence of harassment, threats, or physical harm.
- **Process**: File a petition at your local Family Court.
Which county in South Carolina are you located in? This will help provide the nearest court details.
would he lose his job?
Hi Michael. Whether a co-worker would lose their job due to a restraining order depends on your employer's policies and the specific circumstances of the harassment. It's advisable to discuss the situation with your HR department.
If you need more detailed guidance, feel free to ask!
we dont have an HR department and my boss wont fire him or do anything about the harassment or any of it. im in york county
Hi Michael,
I'm sorry to hear about your situation. You can still pursue a restraining order. Here's what you can do:
- **File a Petition**: Go to the York County Family Court to file for a restraining order.
- **Documentation**: Collect any evidence of harassment.
- **Legal Advice**: Consider consulting with an attorney for personalized guidance.
If you need further assistance, let me know!
but i dont understand. how would he abide by the restraining order if he still works there?
Hi Michael,
I understand your concern. Here are a few points to consider:
- **Restraining Order Conditions**: The court can specify conditions, such as maintaining a certain distance.
- **Workplace Adjustments**: Your employer might need to make accommodations to ensure compliance.
- **Legal Enforcement**: Violating a restraining order can have legal consequences.
Would you like more information on how to file for a restraining order in York County?
York County Family Court
Phone: (*) *-*
Address: * Heckle Blvd, Suite *, Rock Hill, SC * ok. lets say i got a restraining order and it did say he had to maintain a certain distance. then he showed up at work and our boss said it was ok. then he would be arrested?
Hi Michael,
In South Carolina, if someone violates a restraining order by coming to your workplace, even with your boss's permission, they can face legal consequences. Here’s what you should know:
- **Violation**: Violating a restraining order is a criminal offense.
- **Action**: Report the violation to law enforcement.
- **Arrest**: The individual can be arrested for not complying with the order.
Would you like more information on how to report a violation?
would there be an investigation done in order to get the restraining order?
Hi Michael,
In South Carolina, obtaining a restraining order typically involves the following steps:
- **Filing a Petition**: Submit a detailed petition to the court.
- **Evidence Review**: The court reviews the evidence you provide.
- **Hearing**: A court hearing may be scheduled to determine if the restraining order is warranted.
Would you like more details on the evidence required?
yes
Hi Michael,
For a restraining order in South Carolina, you'll need to gather and present specific types of evidence. Here’s what could be useful:
- **Documentation**: Emails, text messages, or any written communication showing harassment.
- **Witness Statements**: Testimonies from co-workers or others who witnessed the harassment.
- **Physical Evidence**: Photos or items showing damage or threats.
Would you like more information on how to file these documents with the court?
i have another question. there was an incedent where police came out and did a * hour investigation because the man im talking about cut himself badly and tried to say it was me. i was not charged. he did it only to try and get me thrown in jail. can i use this incedent as proof and how would i go about specifying the report or getting the officers names?
Hi Michael,
Yes, you can use the incident as proof. Here’s what you can do:
- **Obtain the Police Report**: Visit or contact the police department that handled the investigation to request a copy of the report.
- **Officer Names**: The report should include the names of the officers involved.
- **Include in Petition**: Use the report as part of your evidence when filing for the restraining order.
Would you like more details on how to contact the specific police department?
yes
Hi Michael,
To obtain the police report and officer names for your incident:
- **Contact the Police Department**: Reach out to the York County Sheriff's Office.
- **Request the Report**: Ask for a copy of the incident report.
- **Provide Details**: Give them the date and location of the incident.
York County Sheriff's Office
Phone: (*) *-*
Address: *-2A York Highway, York, SC *
Website: www.yorkcountysheriff.comWould you like more assistance?
no thank you
You're welcome, Michael. If you have any more questions in the future or need further assistance, feel free to reach out. Stay safe and take care!
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