By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 16, 2023
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Domestic abuse is a blight on our society, but there are some ways to attempt to shield victims from their abusers. Protective orders, also called "restraining orders," require a named individual (typically, those charged with domestic violence or stalking) to stay a specified distance away from a named victim, for a certain amount of time. They are legal documents issued by a judge or magistrate to protect the health and safety of a person who is alleged to be a victim of any act involving violence, force, or threat that results in bodily injury or places that person in fear of death, sexual assault, or bodily injury.
This article provides a brief overview of protective orders laws in the state of South Dakota.
The following table highlights the main provisions of South Dakota's protective orders laws, with links to additional articles and resources.
Code Section |
§ 25-10-1 et seq. of the South Dakota Codified Laws |
|---|---|
Activity Addressed by Order |
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling, prohibit possession of firearms |
Duration of Order |
Protective order: maximum five years. Temporary: 30 days |
Penalty for Violation of Order |
If knows of order: Class 1 misdemeanor. If an assault occurs: Class 6 felony |
Who May Apply for Order |
Any family or household member, including spouses or former spouses; those in a significant romantic relationship; has a child or is expecting a child with the abusing party; parent and child, including a relationship by adoption, guardianship, or marriage; siblings, whether of whole or half blood, including a relationship through adoption or marriage |
Can Fees Be Waived? |
No filing fees in South Dakota |
Order Transmission to Law Enforcement |
Copy to local law enforcement agency having jurisdiction over the area where the petitioner resides within 24 hours |
Civil Liability for Violation of Order |
Yes, contempt of court |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If someone is hurting or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the near future, you may want to get a protective order.
Please contact a South Dakota domestic violence attorney for help.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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