South Dakota Protective Orders Laws

Protective orders, also known as restraining orders, allow victims of domestic abuse or violence to request the court's help in protecting themselves from further abuse. A victim (the petitioner) may file a petition for a protective order to stop their alleged abuser (the respondent) from harassing or abusing them.

Courts in South Dakota may issue several different types of protection orders, including the following:

• Stalking protection orders
• Domestic protection orders
• Physical injury protection orders
• No-contact orders
• Permanent protection orders
• Vulnerable adult protection orders

This article briefly overviews South Dakota law on domestic protection orders. It begins with a brief overview of domestic protection orders and how to file one. It then gives a table with information about South Dakota protection order laws. It concludes with a list of resources you may find helpful as you continue your legal research.

Filing a Protection Order in South Dakota

To get a domestic protection order, the petitioner must file a petition and affidavit with the clerk of the court's office at their local circuit court or magistrate court. South Dakota's self-help website offers the forms the petitioner needs, and the court clerk can give them the necessary forms.

Once filed, the judge will take one of the three following actions:

• Grant a temporary protection order (or an ex parte temporary protection order)
• Grant a court hearing for a permanent protection order
• Decline to grant the protection order

If the court holds a hearing, the petitioner must present evidence of why they believe the court should issue the order. The respondent does not have to appear but can if they object to the petition. Both parties may hire attorneys to represent them at the hearing.

South Dakota has a self-help website that provides resources you may find useful as you research or prepare to file a protective order. The website allows you to draft a protection order form and provides information about the filing and hearing processes. Your local clerk of courts can also provide basic information about filing a petition for a protective order.

Definition of Domestic Abuse

Domestic abuse, when it happens between people in a relationship, is:

• Physical harm
• Bodily injury
• Attempts to cause physical harm or bodily injury
• The infliction of fear or imminent physical harm or bodily injury

People in a relationship include the following people:

• Spouses and former spouses
• Anyone who is in a significant romantic relationship with the abusing party (or was in one during the past 12 months)
• Has a child or is expecting a child with the abusing party
• Parents and children (including adopted children, guardians, and through marriage)
• Siblings

Consult the table below for more information about the specifics of South Dakota's protective order laws.

Protective Orders Laws in South Dakota

The following table highlights the main provisions of South Dakota's protective orders laws. For specific advice, contact a South Dakota domestic violence attorney.

Note: State laws often change through the passage of new legislation, court rulings, ballot initiatives, and other means. Consult an attorney or conduct your own legal research to verify the state laws you are researching.

South Dakota Protection Orders Laws: Related Resources

The following links discuss more about domestic violence and other related offenses:

• South Dakota Law
• South Dakota Criminal Laws
• Criminal Charges
• South Dakota Domestic Violence Laws
• South Dakota Stalking Laws
• South Dakota Family Laws
• Details on State Protective Orders Laws
• Stalking and Domestic Violence
• Domestic Violence: Orders of Protection and Restraining Orders
• Domestic Violence FAQ: Basics, Safety Planning, and Restraining Orders

Also, South Dakota offers several resources for people who experience domestic violence.

• South Dakota Network Against Family Violence and Sexual Assault
• Victims' Services Shelter Map
• Safe Place of Eastern South Dakota
• South Dakota Domestic Violence Help, Programs and Statistics
• National Indigenous Women's Resource Center
• Safe Harbor South Dakota

For specific legal advice and representation, contact a South Dakota domestic violence attorney.

Get Help With a Protective Order Today

If you have experienced domestic abuse or violence, help is available. The links above provide state-level resources. You can also contact the National Domestic Violence Hotline for support at 800-799-7233. 

If you need help getting a protective order, contact a South Dakota domestic violence attorney or family law attorney. They can help you file a protection order, temporary protection order, or other legal matters. If you are the subject of a protective order and need legal advice, contact a South Dakota criminal defense attorney.