reglab/housing_qa huggingface dataset:
SC Code § 16-3-1750 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-1750. Action seeking a restraining order against a person engaged in harassment or stalking; jurisdiction and venue; forms; enforceability.

 (A) Pursuant to this article, the magistrates court has jurisdiction over an action seeking a restraining order against a person engaged in harassment in the first or second degree or stalking.  (B) An action for a restraining order must be filed in the county in which:  (1) the defendant resides when the action commences;  (2) the harassment in the first or second degree or stalking occurred; or  (3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found.  (C) A complaint and motion for a restraining order may be filed by any person. The complaint must:  (1) allege that the defendant is engaged in harassment in the first or second degree or stalking and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;  (2) be verified; and  (3) inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.  (D) The magistrates court must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court must not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking. However, the court shall assess a filing fee against the nonprevailing party in an action for a restraining order. The court may hold a person in contempt of court for failure to pay this filing fee.  (E) A restraining order remains in effect for a fixed period of time of not less than one year, as determined by the court on a case-by-case basis.  (F) Notwithstanding another provision of law, a restraining order or a temporary restraining order issued pursuant to this article is enforceable throughout this State.  HISTORY: 1995 Act No. 94, Section 1; 2002 Act No. 175, Section 1, eff March 5, 2002; 2005 Act No. 106, Section 7, eff January 1, 2006.
SC Code § 16-3-1760 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-1760. When temporary restraining orders may be granted without notice; notice and hearing on motion seeking restraining order.

 (A) Within twenty-four hours after the filing of a complaint and motion seeking a restraining order pursuant to Section 16-3-1750, the court, for good cause shown, may hold an emergency hearing and, if the plaintiff proves his allegation by a preponderance of the evidence, may issue a temporary restraining order without giving the defendant notice of the motion for the order. A prima facie showing of present danger of bodily injury, verified by supporting affidavits, constitutes good cause.  (B) A temporary restraining order granted without notice must be served upon the defendant together with a copy of the complaint and a Rule to Show Cause why the order should not be extended for the full one-year period. The Rule to Show Cause must provide the date and time of the hearing for the Rule to Show Cause. The defendant must be served within five days before the hearing in the same manner required for service as provided in the South Carolina Rules of Civil Procedure.  (C) In cases not provided in subsection (A), the court shall cause a copy of the complaint and motion to be served upon the defendant at least five days before the hearing in the same manner required for service as provided in the South Carolina Rules of Civil Procedure.  (D) The court shall hold a hearing on a motion for a restraining order within fifteen days of the filing of a complaint and motion, but not sooner than five days after service has been perfected upon the defendant.  (E) Upon motion of a party, the court may determine that a temporary restraining order was improperly issued due to unknown facts. The court may order the temporary restraining order vacated and all records of the improperly issued restraining order destroyed.  HISTORY: 1995 Act No. 94, Section 1; 2005 Act No. 106, Section 7, eff January 1, 2006; 2013 Act No. 99, Section 6, eff June 20, 2013.
SC Code § 16-3-1770 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-1770. Form and content of temporary restraining order.

 (A) A temporary restraining order granted without notice must be endorsed with the date and hour of issuance and entered of record with the magistrates court.  (B) The terms of the restraining order must protect the plaintiff and may include temporarily enjoining the defendant from:  (1) abusing, threatening to abuse, or molesting the plaintiff or members of the plaintiff's family;  (2) entering or attempting to enter the plaintiff's place of residence, employment, education, or other location; and  (3) communicating or attempting to communicate with the plaintiff in a way that would violate the provisions of this article.  (C) A restraining order issued pursuant to this article conspicuously must bear the following language:  (1) "Violation of this order is a criminal offense punishable by thirty days in jail, a fine of five hundred dollars, or both."; and  (2) "Pursuant to Section 16-25-125, 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.".  (D) A restraining order issued by a court may not contain the social security number of a party to the order and must contain as little identifying information as is necessary of the party it seeks to protect.  HISTORY: 1995 Act No. 94, Section 1; 2005 Act No. 106, Section 7, eff January 1, 2006; 2008 Act No. 319, Section 2, eff June 11, 2008.
SC Code § 16-3-1780 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-1780. Expiration of temporary restraining orders and restraining orders; extensions and modifications.

 (A) A temporary restraining order remains in effect until the hearing on the Rule to Show Cause why the order should not be extended for the full one-year period. The temporary restraining order must be for a fixed period in accordance with subsection (B) if the court finds the defendant in default at the hearing.  (B) In cases not provided for in subsection (A), a restraining order must be for a fixed period not to exceed one year but may be extended by court order on a motion by the plaintiff, showing good cause, with notice to the defendant. The defendant is entitled to a hearing on the extension of an order issued pursuant to this subsection within thirty days of the date upon which the order will expire.  (C) Notwithstanding subsection (B), the provisions included in a restraining order granting relief pursuant to Section 16-3-1770 dissolve one year following the issuance of the order unless, prior to the expiration of this period, the court has charged the defendant with the crime of harassment in the first or second degree or stalking and has scheduled a date for trial on the charge. If the trial has been scheduled, relief granted pursuant to Section 16-3-1770 remains in effect beyond the one-year period only until the conclusion of the trial.  (D) The court may modify the terms of an order issued pursuant to this section.  HISTORY: 1995 Act No. 94, Section 1; 2005 Act No. 106, Section 7, eff January 1, 2006.
SC Code § 16-3-1790 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-1790. Service of certified copies of restraining orders.

 A magistrates court shall serve the defendant with a certified copy of an order issued pursuant to this article and provide a copy to the plaintiff and to the local law enforcement agencies having jurisdiction over the area where the plaintiff resides. Service must be made without charge to the plaintiff.  HISTORY: 1995 Act No. 94, Section 1; 2005 Act No. 106, Section 7, eff January 1, 2006.
SC Code § 16-3-1800 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-1800. Arrest upon violation of restraining order.

 Law enforcement officers shall arrest a defendant who is acting in violation of a restraining order after service and notice of the order is provided. An arrest warrant is not required.  HISTORY: 1995 Act No. 94, Section 1; 2005 Act No. 106, Section 7, eff January 1, 2006.
SC Code § 16-3-1810 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-1810. Law enforcement officer's responsibilities when responding to a harassment or stalking incident.

 (A) The primary responsibility of a law enforcement officer when responding to a harassment in the first or second degree or stalking incident is to enforce the law and protect the complainant.  (B) The law enforcement officer shall notify the complainant of the right to initiate criminal proceedings and to seek a restraining order.  HISTORY: 1995 Act No. 94, Section 1; 2005 Act No. 106, Section 7, eff January 1, 2006.
SC Code § 16-3-1820 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-1820. Immunity from liability for filing a report or complaint or participating in a judicial proceeding concerning alleged harassment or stalking; rebuttable presumption of good faith.

 A person who reports an alleged harassment in the first or second degree or stalking, files a criminal complaint, files a complaint for a restraining order, or who participates in a judicial proceeding pursuant to this article and who is acting in good faith is immune from criminal and civil liability that might otherwise result from these actions. A rebuttable presumption exists that the person was acting in good faith.  HISTORY: 1995 Act No. 94, Section 1; 2005 Act No. 106, Section 7, eff January 1, 2006.
SC Code § 16-3-1830 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-1830. Availability of other civil and criminal remedies.

 A proceeding commenced pursuant to this article is in addition to other civil and criminal remedies.  HISTORY: 1995 Act No. 94, Section 1; 2005 Act No. 106, Section 7, eff January 1, 2006.
SC Code § 16-3-1840 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-1840. Mental health evaluation prior to setting bail; purpose; report.

 Prior to setting bail, a magistrate or a municipal judge may order a defendant charged with harassment in the first or second degree or stalking pursuant to this article to undergo a mental health evaluation performed by the local mental health department. The purpose of this evaluation is to determine if the defendant needs mental health treatment or counseling as a condition of bond. The evaluation must be scheduled within ten days of the order's issuance. Once the evaluation is completed, the examiner must, within forty-eight hours, issue a report to the local solicitor's office, summary court judge, or other law enforcement agency. Upon receipt of the report, the solicitor, summary court judge, or other law enforcement agency must arrange for a bond hearing before a circuit court judge or summary court judge.  HISTORY: 1995 Act No. 94, Section 1; 2005 Act No. 106, Section 7, eff January 1, 2006.
SC Code § 16-3-1900 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-1900. Definitions.

 For purposes of this article:  (1) "Complainant" means a victim of a criminal offense that occurred in this State, a competent adult who resides in this State on behalf of a minor child who is a victim of a criminal offense that occurred in this State, or a witness who assisted the prosecuting entity in the prosecution of a criminal offense that occurred in this State.  (2) "Conviction" means a conviction, adjudication of delinquency, guilty plea, nolo contendere plea, or forfeiture of bail.  (3) "Criminal offense" means an offense against the person of an individual when physical or psychological harm occurs, including both common law and statutory offenses contained in Sections 16-3-1700, 16-3-1710, 16-3-1720, 16-3-1730, 16-25-20, 16-25-30, 16-25-65 and 23-3-430; criminal sexual conduct offenses pled down to assault and battery of a high and aggravated nature; domestic violence offenses pled down to assault and battery or assault and battery of a high and aggravated nature; and the common law offense of attempt, punishable pursuant to Section 16-1-80.  (4) "Family" means a spouse, child, parent, sibling, or a person who regularly resides in the same household.  (5) "Respondent" means a person who was convicted of a criminal offense for which the victim was the subject of the crime or the witness who assisted the prosecuting entity in prosecuting the criminal offense.  (6) "Victim" means:  (a) a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a criminal offense; or  (b) the spouse, parent, child, or lawful representative of a victim who is deceased, a minor, incompetent, or physically or psychologically incapacitated.  "Victim" does not include a person who is the subject of an investigation for, charged with, or has been convicted of the offense in question; a person, including a spouse, parent, child, or lawful representative, who is acting on behalf of a suspect, juvenile offender, or defendant, unless such actions are required by law; or a person who was imprisoned or engaged in an illegal act at the time of the offense.  (7) "Witness" means a person who has been or is expected to be summoned to testify for the prosecution, or who by reason of having relevant information is subject to being called or likely to be called as a witness for the prosecution, whether or not any action or proceeding has been commenced.  HISTORY: 2015 Act No. 58 (S.3), Pt V, Section 24, eff June 4, 2015.
SC Code § 16-3-2030 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-2030. Criminal liability of principal owners of business; loss of profits and government contracts; penalties.

 (A) The principal owners of a business, a business entity, including a corporation, partnership, charitable organization, or another legal entity, that knowingly aids or participates in an offense provided in this article is criminally liable for the offense and will be subject to a fine or loss of business license in the State, or both. In addition, the court may consider disgorgement of profit from activity in violation of this article and disbarment from state and local government contracts.  (B) If the principal owners of a business entity are convicted of violating a section of this article, the court or Secretary of State, when appropriate, may:  (1) order its dissolution or reorganization;  (2) order the suspension or revocation of any license, permit, or prior approval granted to it by a state or local government agency; or  (3) order the surrender of its charter if it is organized under state law or the revocation of its certificate to conduct business in the State if it is not organized under state law.  HISTORY: 2012 Act No. 258, Section 1, eff December 15, 2012; 2015 Act No. 74 (S.183), Section 2, eff June 8, 2015.  Effect of Amendment  2015 Act No. 74, Section 2, in (A), added the last sentence.
SC Code § 16-3-2040 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-2040. Restitution for victims of trafficking.

 (A) An offender convicted of a violation of this article must be ordered to pay mandatory restitution to the victim as provided in this section.  (B) If the victim of trafficking dies as a result of being trafficked, a surviving spouse of the victim is eligible for restitution. If no surviving spouse exists, restitution must be paid to the victim's issue or their descendants per stirpes. If no surviving spouse or issue or descendants exist, restitution must be paid to the victim's estate. A person named in this subsection may not receive funds from restitution if he benefited or engaged in conduct described in this article.  (C) If a person is unable to pay restitution at the time of sentencing, or at any other time, the court may set restitution pursuant to Section 16-3-1270.  (D) Restitution for this section, pursuant to Section 16-3-1270, means payment for all injuries, specific losses, and expenses, including, but not limited to, attorney's fees, sustained by a crime victim resulting from an offender's criminal conduct pursuant to Section 16-3-1110(12)(a). In addition, the court may order an amount representing the value of the victim's labor or services.  (E) Notwithstanding another provision of law, the applicable statute of limitations for a victim of trafficking in persons is pursuant to Section 16-3-1110(12)(a).  (F) Restitution must be paid to the victim promptly upon the conviction of the defendant. The return of the victim to his home country or other absence of the victim from the jurisdiction does not prevent the victim from receiving restitution.  HISTORY: 2012 Act No. 258, Section 1, eff December 15, 2012; 2015 Act No. 74 (S.183), Section 3, eff June 8, 2015.  Effect of Amendment  2015 Act No. 74, Section 3, in (D), inserted ", including, but not limited to, attorney's fees,", and added the last sentence.
SC Code § 16-3-2060 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-2060. Civil action for victim of trafficking; statute of limitations.

 (A) A person who is a victim of trafficking in persons may bring a civil action in the court of common pleas. The court may award actual damages, compensatory damages, punitive damages, injunctive relief, and other appropriate relief. A prevailing plaintiff also must be awarded attorney's fees and costs. Treble damages must be awarded on proof of actual damages when the defendant's acts were wilful and malicious.  (B) Pursuant to Section 16-3-1110, the applicable statute of limitations for a crime victim who has a cause of action against an incarcerated offender is tolled and does not expire until three years after the offender's sentence is completed, including probation and parole, or three years after release from commitment pursuant to Chapter 48, Title 44, whichever is later. However, this provision does not shorten any other tolling period of the statute of limitations which may exist for the victim.  (C) The statute of limitations for the filing of a civil suit does not begin to run until a minor victim has reached the age of majority.  (D) If a victim entitled to sue is under a disability at the time the cause of action accrues, so that it is impossible or impractical for him to bring an action, then the time of the disability is not part of the time limited for the commencement of the action. Disability includes, but is not limited to, insanity, imprisonment, or other incapacity or incompetence.  (E) The running of the statute of limitations may be suspended when a victim could not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services.  (F) A defendant is estopped to assert a defense of the statute of limitations when the expiration of the statute is due to conduct by the defendant inducing the victim to delay the filing of the action or placing the victim under duress.  HISTORY: 2012 Act No. 258, Section 1, eff December 15, 2012.
SC Code § 16-3-2070 (2021)
2021 South Carolina Code of Laws|Title 16 - Crimes and Offenses|Chapter 3 - Offenses Against The Person|Section 16-3-2070. Compensation for victims of trafficking; identity of victim and victim's family confidential.

 (A) Victims of trafficking in persons pursuant to this article are considered victims for purposes of the Victims' Bill of Rights and are entitled to all appropriate forms of compensation available pursuant to the South Carolina Victim Compensation Fund in accordance with the provisions of Article 13, Chapter 3, Title 16. Victims of trafficking in persons pursuant to this article also are entitled to the rights provided in Article 15, Chapter 3, Title 16.  (B) In addition to the provisions of subsection (A), in a prosecution for violations of the criminal provisions of this article, the identity of the victim and the victim's family must be kept confidential by ensuring that names and identifying information of the victim and victim's family are not released to the public, including by the defendant.  (C) Pursuant to Section 16-3-1240, it is unlawful, except for purposes directly connected with the administration of the victim compensation fund, for any person to solicit, disclose, receive, or make use of or authorize, knowingly permit, participate in or acquiesce in the use of any list, or names of, or information concerning persons applying for or receiving awards without the written consent of the applicant or recipient. The records, papers, files, and communications of the board, its panel and the director and his staff must be regarded as confidential information and privileged and not subject to disclosure under the Freedom of Information Act as contained in Chapter 4, Title 30.  HISTORY: 2012 Act No. 258, Section 1, eff December 15, 2012.  Code Commissioner's Note  Pursuant to 2017 Act No. 96, Section 14, the reference to "State Crime Victim's Compensation Fund" in (A) was changed to "South Carolina Victim Compensation Fund", and the reference to "victim's compensation fund" in (C) was changed to "victim compensation fund".