A Protection Order
SDCL § 25-10-3.1 — family and partners, a hearing within thirty days, a temporary order meanwhile, and up to five years
- A spouse or former spouse.
- Someone in a significant romantic relationship now or in the past twelve months.
- Someone with a child, or expecting one, with the other.
- A parent and child, or siblings.
Those may petition for a protection order. A hearing is held within thirty days, with the petition served at least five days before it.
In the meantime. On an affidavit of immediate and irreparable injury, the court may issue a temporary order before the other side is heard, ordering no abuse and excluding them from the home. It lasts thirty days unless continued for good cause.
If the court finds abuse by a preponderance of the evidence, it may order no abuse, exclude the abuser from the home, set temporary custody and support, and order counseling, for a fixed period of up to five years.
A particular petition is a question for a licensed South Dakota attorney or a domestic violence program.
Sources for this section (5)
- SDCL § 25-10-3.1 — Persons entitled to apply for protection order
- SDCL § 25-10-4 — Hearing; Time; Service on respondent
- SDCL § 25-10-5 — Relief authorized on finding abuse; Time limitation
- SDCL § 25-10-6 — Ex parte temporary protection order
- SDCL § 25-10-7 — Limited duration of temporary order; Service on respondent; Notification of service to petitioner; Liability
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.