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.

Code section

South Dakota Codified Laws (SDCL) § 25-10 et seq.

Activity addressed by order

If the court finds by a preponderance of the evidence that domestic abuse happened, the court may order the following types of relief:

  • Restrain any party from committing acts of domestic abuse
  • Exclude the abusing party from the dwelling that the parties share (or from the petitioner's home)
  • Award temporary custody (or establish temporary visitation) of the parties' children
  • Establish temporary support for the parties' or spouse's children
  • Order the abusing party to get counseling
  • Order other relief that the court deems necessary to protect the person to whom it grants the order
  • Ban a party from possessing firearms
Duration of order

Protective order: maximum of five years (§ 25-10-1(2))

Temporary protection order: 30 days (§ 25-10-1(3))

Penalties for violation of order

First offense: Class 1 misdemeanor

If the violation involves a crime of violence: Class 6 felony

If the person who violates the protective order has two or more prior convictions or guilty pleas for violations of protective orders: Class 6 felony

Fourth offense: Class 5 felony

Fifth or subsequent offense: Class 4 felony

Who may apply for order

Per § 25-10-3.1, the following family, household members, and people may file a petition for a protection order:

  • 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
Can the state waive fees?

No filing fees in South Dakota

Order given to law enforcement

Within 24 hours of its issuance, the petitioner may give a copy of the protection order to the local law enforcement agency with jurisdiction over the area where the petitioner lives.

Civil liability for violation of order

Contempt of court

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:

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

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.

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