Breaking A Protection Order
SDCL § 25-10-13 — a Class 1 misdemeanor, a Class 6 felony with an assault or stalking, and felony classes for a third
Knowingly violating a temporary or final protection order or a no contact order is a Class 1 misdemeanor. If the act is also an assault or stalking, it is a Class 6 felony.
After two before. With two or more earlier violations within ten years, a third is a Class 6 felony, a fourth a Class 5 felony, and a fifth or later a Class 4 felony.
The court may require the restrained person to surrender any dangerous weapon or concealed pistol permit to local law enforcement.
An order binds the restrained person, not the one it protects. A particular case is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 25-10-13 — Protection order; Violation; Penalty
- SDCL § 22-19A-16 — Protection order; Violation; Penalty
- SDCL § 25-10-24 — Surrender of weapon or concealed pistol permit
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.