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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.

  • SDCL § 25-10-13
  • SDCL § 22-19A-16
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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.

  • SDCL § 25-10-13
  • SDCL § 22-19A-16

The court may require the restrained person to surrender any dangerous weapon or concealed pistol permit to local law enforcement.

  • SDCL § 25-10-24

An order binds the restrained person, not the one it protects. A particular case is a question for a licensed South Dakota attorney.

  • SDCL § 25-10-13
Sources for this section (3)
  1. SDCL § 25-10-13 — Protection order; Violation; Penalty
  2. SDCL § 22-19A-16 — Protection order; Violation; Penalty
  3. 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.

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