South Dakota Domestic Violence Laws

Domestic violence, also referred to in South Dakota as domestic abuse, involves certain abusive crimes committed between people considered family members and household members. A domestic violence classification triggers special protections for victims and enhanced penalties for abusers.

South Dakota domestic violence laws can be hard to understand. In this article, we’ll explain what domestic abuse is, how the statutes provide assistance and penalties, and the best way to navigate the legal system. Read on to improve your understanding of domestic violence laws in South Dakota.

How South Dakota Defines Domestic Violence

Domestic abuse is more than physical abuse between spouses. South Dakota recognizes that fear, intimidation, and harassment are elements of domestic violence as well. Let’s take a look at the specific requirements for classifying domestic abuse.

Abusive Acts

To qualify as domestic abuse, a crime must fall into one of the listed categories. South Dakota law covers a broad range of abusive acts. Offenses considered domestic violence in South Dakota include:

• Causing physical harm or bodily injury to a victim through intent or neglect (assault)
• Attempting to cause physical harm or bodily injury
• Causing a victim to fear imminent physical harm or bodily injury

South Dakota‘s domestic violence statute also covers stalking, which includes:

• Repeated instances of following or harassing another person with intent and maliciousness
• Making a threat to place a person in reasonable fear of death or great bodily injury
• Harassing a person through any verbal, electronic, digital, mechanical, telegraphic, or written communication

A victim does not need to suffer physical harm for domestic abuse to occur. Making someone believe they are in danger of being assaulted, then using that fear to control them, is common in domestic violence.

Family Members and Household Members

The crime committed is only part of the requirement for domestic abuse classification. The other required element concerns the people involved. South Dakota requires people in certain close relationships to be participants in an abusive act for domestic violence consideration. The following are considered family members and household members in South Dakota:

• Spouses
• Former spouses
• People in a significant romantic relationship (determined by duration, interactions, characteristics, and the type of relationship)
• People who were in a significant romantic relationship together within the past 12 months
• People who have a child together or who are expecting a child
• Parent and child (includes adoption, marriage, or guardianship)
• Siblings (includes adoption or marriage)

If people in one of these relationships have a qualifying abusive act occur between them, South Dakota considers it domestic abuse. If the relationship does not fit the requirements, it is still a crime that can be prosecuted. Domestic violence crimes carry special penalties and conditions for abusers.

What Protections Are Available in South Dakota?

Victims of domestic abuse should know what help is available. Gaining access to aid can make escaping an abuser easier and safer.

South Dakota Domestic Violence Protection Orders

Keeping an abuser away from the victim is critical. One way to do this is with a South Dakota domestic violence protection order. These court orders use provisions tailored to each victim’s needs.

Most provisions focus on separating the abuser from the victim, but protective orders can also address issues like temporary custody, surrender of firearms, and more. Abusers face strict penalties for violating a protective order.

Protection orders are petitioned for at either a circuit court or a magistrate court. Victims can also file through a domestic violence advocate. Forms are available online or at the court clerk’s office. An ex parte temporary protection order is in effect for 30 days or until a court hearing. Final protection orders last up to five years and are extendable.

There is a lot to know about protection orders in South Dakota. You can find a detailed overview in FindLaw’s South Dakota Protective Orders article. It explains the available orders, describes how they work, and includes step-by-step instructions on applying for the one you need.

Protective orders issued in South Dakota are good anywhere in the U.S. under federal law. South Dakota also enforces orders issued by other states to protect the victim.

Domestic Violence Tenant’s Rights

Fear of penalties for breaking a lease should not make a victim stay in the same home as their abuser. South Dakota law permits domestic abuse victims to make a legal break of a lease without penalties. The victim must provide written notice, a police report, a copy of the order, and documentation from a healthcare professional.

Address Confidentiality Program – Secure Active Designation

While not as comprehensive as those of other states, South Dakota‘s Secure Active Designation program allows victims of domestic violence the ability to vote without revealing their location through public records. Anyone with a protective order can use the program, and enrollment lasts for five years. Information is available on the South Dakota Secretary of State’s site.

Domestic Violence Advocates

We’ve mentioned domestic violence advocates a few times, and with good reason. They are an incredible resource for victims of domestic abuse. Domestic violence advocates understand what victims are experiencing and can help them find shelter, protection, and more. A South Dakota domestic violence attorney can also guide victims to a better life.

Penalties and Punishments for Domestic Abuse

South Dakota criminal law doesn’t list a specific crime as domestic abuse. Instead, a domestic abuse classification can result in enhanced penalties and other sanctions for other charges. For example, someone arrested for a crime classified as domestic abuse must have a no-contact order with the victim as part of any bond (bail). Domestic abuse counseling is required for any probation.

South Dakota law enforcement officers receive special training on how to handle domestic assault calls. They will try to identify the predominant physical aggressor and arrest that person. Previous domestic abuse charges are taken into consideration when making domestic violence calls. They can also arrest based on probable cause.

Abusers who commit a violation of a protection order will find out how stiff the penalties can be. The minimum penalty for a violation of a South Dakota domestic violence protection order is a Class A misdemeanor, which may include time in a county jail.

If the person commits assault, aggravated assault, or stalking during the violation, the penalty becomes a Class 6 felony. This carries up to two years in prison and a fine of up to $4,000.

Repeat violators face enhanced punishment. A third violation within 10 years is a Class 6 felony. A fourth is a Class 5 felony. Any violation beyond a fourth is a Class 4 felony, punishable by up to 10 years in prison and a fine of up to $30,000. Repeated violations of a protective order can result in an extension or a permanent order.

Additional Resources

• National Domestic Violence Hotline (877.799.7233)
• Domestic Violence Safety Information – South Dakota Network Against Domestic Violence and Sexual Assault
• South Dakota Domestic Violence Resource Directory – South Dakota Coalition Ending Domestic and Sexual Violence
• Find Your South Dakota Circuit Court
• Domestic Violence FAQ

Domestic Violence Issues in South Dakota? Speak with an Attorney

If you have suffered a crime of violence, like simple assault, at the hands of a domestic abuser, things can seem hopeless. It does not have to be this way. Consider talking to a South Dakota domestic violence attorney for legal advice.

If you’ve committed a domestic abuse crime or violated a protective order, it’s time to reach out to a South Dakota criminal defense attorney. They can examine your case, explain your options, and represent you in court.