SOUTH DAKOTA : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
Domestic violence in South Dakota is when a "family or household member" does any of the following to you:
As a general rule, the legal definition of domestic abuse does not include verbal and/or emotional abuse unless they cause fear of physical abuse. However, threats of physical harm may be seen as domestic abuse in SD law.
Note: Under South Dakota law, domestic abuse does not include property damage.
A protection order against domestic abuse protects you from abuse by "family or household members", which includes:
It may be possible for you may seek protection from a same-sex partner (who has been a household member of yours). However, judges do not always rule consistently in these cases. Please talk to someone at a local domestic violence organization for help determining how a judge is likely to rule and for in positioning your case.
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Temporary Orders
A temporary protection order is granted on an emergency basis. You must be able to show the judge that you face immediate injury, loss or damage unless the order is granted. A judge can grant you a temporary order even if your abuser does not know you are requesting it. These are sometimes called ex parte orders. A temporary order protects you for up to 30 days, or until the court hearing on your final protection order.
Final Protection Orders
You must attend a court hearing to be awarded a final protection order. The abuser will also be able to attend the hearing. You will both have a chance to tell the judge your side of the story. The length of time that protection orders are enforceable in South Dakota varies, and may not be for more than three years.
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A protection order can:
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There is no fee to file a final or temporary protection order.
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Through the Police or Sheriff (Criminal)
If your abuser violates the Protection Order, call 911 immediately. In some cases, the abuser can be arrested right away. Tell the officers you have a Protection Order and the abuser is violating it. If your abuser is arrested, then the District Attorney can prosecute him or her because it is a crime to violate a Protection Order. If your abuser is found guilty of a violation of the order, your abuser can be put in jail or fined. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Also make sure that the police write a report on the incident even if the abuser is not arrested. This will be valuable legal documentation if you need to modify or extend the order in the future. If the police do not arrest your abuser, you may file a criminal complaint yourself. You can call your local police department or district court to obtain a complaint form.
Through the Civil Court System (Civil)
You may also file for civil contempt for a violation of the order. The abuser is in "civil contempt" if he or she does anything that your Protection Order tells him or her not to do. To file for civil contempt, go to the clerk's office and ask for the petition.
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