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 technically 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.
Persons Entitled to Protective Orders in South Dakota
Any person who is involved in one of the following relationships with another party may be entitled to a protective order upon proof:
- Spouse or former spouse;
- Is 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 the whole or half blood, including a relationship through adoption or marriage.
The court may require the defendant to surrender any dangerous weapon in his possession to local law enforcement once the court issues a protective order.
Where Can I File My Request for a Protective Order in South Dakota?
You may obtain forms to apply for a protection order from the Clerk of Courts in the county where you live or they may be obtained on line at the South Dakota Unified Judicial System. Once the forms have been completed you will need to file them with the Clerk of Courts in the county where you reside
The following table highlights the main provisions of South Dakota's protective orders laws, with links to additional articles and resources.
||25-10-1, et seq.
|Activity Addressed by Order
||Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling
|Duration of Order
||Protective order: maximum five (5) years. Temporary: 30 days
|Penalty for Violation of Order
||If knows of order: Class 1 misdemeanor. If assault occurs: Class 6 felony
|Who May Apply for Order
||Any family or household member
|Can Fees Be Waived?
||Yes, if affidavit filed
|Order Transmission to Law Enforcement
||Copy to local law enforcement agency having jurisdiction over area where petitioner resides within 24 hours.
|Civil Liability for Violation of Order
||Yes, contempt of court
Note: State laws are constantly changing -- contact a South Dakota domestic violence attorney or conduct your own legal research to verify the state law(s) you are researching.
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South Dakota Protective Orders Laws: Related Resources