South Dakota Family Law on Domestic Violence

Domestic violence involves abusive acts between people in close personal relationships. South Dakota has laws in place to help victims and punish abusers.

Domestic abuse is a complex subject. To help those dealing with domestic violence issues in South Dakota, this article answers common questions about domestic abuse. If you prefer a more traditional approach, FindLaw’s South Dakota Domestic Violence Laws article has you covered.

Is It “Domestic Abuse” or “Domestic Violence”?

Domestic abuse is the term South Dakota uses in its codified laws and as the legal definition in the state. However, you’ll see domestic violence used on official South Dakota State websites and national organizations. In general, the terms are interchangeable.

How Does South Dakota Define Domestic Abuse?

Domestic abuse is used to describe a narrow subset of crimes committed between people sharing close personal relationships. No matter what the offense is, there can’t be domestic violence between strangers in South Dakota. In the same vein, non-abusive acts between family members can still be considered crimes, but not domestic abuse.

South Dakota law requires that domestic violence crimes involve family members or household members. People and relationships that fall under that definition include:

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

For an offense to qualify as domestic abuse, it must involve a qualifying relationship. Offenses considered eligible under South Dakota law are:

• Causing physical harm or bodily injury to a victim through intent or neglect (assault)
• 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 media, mechanical, telegraphic, or written communication
• Attempting to cause physical harm or bodily injury
• Placing a victim in fear of imminent physical harm or bodily injury

If both requirements are filled, South Dakota considers the offense domestic abuse.

Why Does Domestic Abuse Classification Matter?

A domestic abuse classification matters for several reasons. Victims gain access to programs and protections designed to help them. These include protective orders, a powerful weapon against an abuser.

While no single crime is labeled domestic violence in South Dakota, a number of offenses are affected by classification. A person arrested for a domestic abuse crime cannot post a bond without a no-contact order with the victim included. Someone convicted of a domestic violence offense is prohibited from contacting their victim.

What Sort of Protections Are Available in South Dakota?

Every situation is different. If you’re suffering abuse or are in fear of imminent abuse, call 911. If you’re looking to escape a toxic relationship, preparing before acting is a good idea. Developing a safety plan allows you to have important information at the ready and increases your chances for success.

Contacting domestic violence advocates can gain you crucial allies. Their experience helping previous victims makes them an excellent resource. A South Dakota domestic violence attorney can also provide answers and guidance.

Your primary line of defense will often be a South Dakota domestic violence protection order. These court orders are filled with provisions that set parameters for what your abuser can and can’t do. Protection orders can also award temporary custody of minor children, determine housing, and much more.

Protective orders are important enough to have an article of their own. FindLaw’s South Dakota Protective Orders Laws provides detailed explanations of the restraining orders, describes how they work, and shows you how to get one through a circuit court. South Dakota protection orders are covered anywhere in the U.S. under federal law.

The Secure Active Designation program combines voting rights with address confidentiality. Victims of domestic abuse can have their current address hidden on their voting registration. This offers their abuser one less way to find them. Enrollment lasts for five years.

If penalties for breaking a lease are keeping you from leaving an abuser, South Dakota has you covered. Domestic abuse victims can make a legal break of a lease without penalty. Victims must provide the landlord with written notice, a police report, a copy of their protection order, and a release from a healthcare professional.

I Got a Protection Order, Do I Need To Do Anything With It?

If you were issued an ex parte temporary protection order, the sheriff’s department will serve the order to the respondent (abuser). A final protection order is served to the respondent at the court hearing or delivered by law enforcement if they aren’t present.

Keep a copy of your order with you at all times. You should deliver a copy to the law enforcement agency where you live within 24 hours of issuance. Include a picture of your abuser if you can.

What Happens If I Defend Myself?

Law enforcement officers in South Dakota receive special training for domestic abuse calls. Rather than arrest both people involved, they’ll try to determine who the predominant physical aggressor is. Their assessment will consider previous domestic abuse calls, any history of domestic violence, and the injuries involved.

Can a Domestic Abuse Protection Order Restrict Gun Ownership?

A protection order can require your abuser to surrender all firearms, ammunition, and dangerous weapons in South Dakota domestic violence protection orders. If the court is convinced they pose a danger, the abuser faces relinquishing all weapons to local law enforcement. This can last for the duration of the order.

When filing your petition for a protection order, give as much information as possible. Let law enforcement know about the number of weapons, the types if you know them, and where your abuser keeps them.

How Are Protective Orders Enforced?

A court order is more than a piece of paper. South Dakota domestic violence protection orders carry significant penalties for transgressions. Any violation of a South Dakota domestic violence protection order is a minimum of a Class A misdemeanor. If assault, aggravated assault, or stalking is committed during the violation, the penalty becomes a Class 6 felony.

Repeat violators face enhanced punishments. 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, which carries up to 10 years in prison and a fine of up to $20,000.

How Do Domestic Violence Charges Impact Divorce/Child Custody Proceedings?

Even once the divorce is finalized, your abuser still faces possible conviction and sentencing. While South Dakota allows no-fault divorce, domestic abuse provides grounds for divorce through extreme cruelty or threats of bodily harm.

Courts operate on the principle of working toward the best interests of the child. This means that convictions of assault or domestic abuse will weigh in on child custody decisions. A history of domestic abuse also matters. The rebuttable presumption is that being with an abusive parent isn’t best for the child. For matters like this, having a family law attorney is essential.

Penalties for Domestic Abuse Offenses and Violations of South Dakota

Domestic abuse covers several abusive crimes. A state’s attorney can add domestic abuse to any abusive act they deem worthy.

Domestic abuse classification can result in no-contact orders, mandatory surrender of weapons, and domestic abuse counseling. It also improves the chances of a victim seeking a domestic violence protection order.

Penalties for a violation of a South Dakota domestic violence protection order start with a Class A misdemeanor. If assault, aggravated assault, or stalking is committed during the violation, the penalty becomes a Class 6 felony.

Repeat violators face enhanced punishments. 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. Multiple violations can trigger order extensions or permanency.

Help for South Dakota Domestic Violence Victims

• Creating a Safety Plan
• South Dakota Domestic Violence Protection Order Forms
• Find a South Dakota Circuit Court
• Directory of South Dakota Domestic Violence Advocates

Additional Resources

• National Domestic Violence Hotline (877.799.7233)
• Domestic Violence Safety Information – South Dakota Network Against Domestic Violence and Sexual Assault
• South Dakota Protective Orders
• Domestic Violence: Victim Resources

Need Help With Family Law in South Dakota? Talk to an Attorney

If you’ve suffered sexual abuse, a physical injury, or any other abuse due to a crime of violence, it’s time to think about getting away from the abusing party. In addition to other resources, consider speaking with a South Dakota family law attorney. They can help you stop being a victim of domestic violence.

If you’re facing criminal charges for a domestic abuse crime or violation of a protection order, it’s time to talk with a South Dakota criminal defense attorney. They can examine your case, explain your options, and represent you in court proceedings.