South Dakota Protective Orders Laws

By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last updated January 16, 2023

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.

Protective Orders Laws in South Dakota: At a Glance

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.

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South Dakota Code
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