Insulting another person, name-calling and generally using your words to hurt or upset them can be considered harassment under South Carolina law. Harassment may take place in person, over the phone or through the written word, including on the internet.
Moreover, can you press charges for someone harassing you?
To file a civil lawsuit, you need to get an attorney that specializes in civil harassment cases. … Make an allegations list with your attorney that you will try to prove in court. Initiate the lawsuit by having your attorney take the complaint and file it with your local civil court.
- the defendant has pursued a course of conduct.
- the course of conduct amounted to harassment of another person.
- the defendant knew or ought to have known that the course of conduct amounted to harassment.
Moreover, how do I file harassment in SC?
You do this by filing a Motion and Affidavit for Emergency Hearing (Temporary Restraining Order) (Harassment and Stalking), form SCCA 752. You may file this Motion when you file your Complaint and Motion for Restraining Order. The Court may hold an emergency hearing within 24 hours of you filing this motion.
How do you stop someone harassing you legally?
Apply for a restraining or protection order
A restraining order (protection or no-contact order) is an enforceable legal document that stops a harasser from repeating problematic behavior. A court grants this order and the police enforce it. You will need to serve notice to the harasser.
How many texts are considered harassment?
How Many Unanswered Texts Is Harassment? One text message does not count as harassment, even if it’s intended to distress you. But two unanswered and unwanted text messages can be considered harassment. One text message and one phone call can also count as harassment.
Is harassment a crime in South Carolina?
(C) A person who engages in harassment in the first degree and who has a prior conviction of harassment or stalking within the preceding ten years is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.
What are grounds for a restraining order in South Carolina?
For you to file a restraining order, the perpetrator must have committed at least two acts of stalking, harassment or other threatening behavior. While it can be helpful to have two police reports, it is not necessary by state law. Victim Services can help you complete the paperwork to file for a restraining order.
What are the four types of harassment?
Types of Harassment
- Race, Religion, Sex, and National Origin. Title VII of the Civil Rights Act of 1964 prohibits harassment on the basis of race, religion, sex, and national origin.
- Age. …
- Disability. …
- Status as a Veteran. …
- Sexual Orientation and Marital Status. …
- Gender Identification. …
- Political Beliefs. …
- Criminal History.
What defines harassment?
Harassment is unwanted behaviour which you find offensive or which makes you feel intimidated or humiliated. It can happen on its own or alongside other forms of discrimination.
What is 1st degree harassment?
A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury.
What is the maximum sentence for harassment?
What is the maximum sentence for harassment or stalking? If the offence is harassment or stalking: the maximum sentence is six months’ custody. if racially or religiously aggravated, the maximum sentence is two years’ custody.
What qualifies you to get a restraining order?
You can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.
What’s legally considered harassment?
The civil harassment laws say “harassment” is: Unlawful violence, like assault or battery or stalking, OR. A credible threat of violence, AND. The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.