Domestic Abuse Charges
SDCL § 25-10-34 — marked as domestic abuse on the charge, and no contact from jail until the first court appearance
The state's attorney marks on the summons, complaint, warrant and judgment whether a charge involves domestic abuse.
No contact from custody. While in custody after an arrest for domestic abuse, the defendant may have no contact with the victim or the victim's household, directly or through anyone else, until the first court appearance or the court allows it. A willful violation is a Class 1 misdemeanor.
After a conviction, the court may order no contact with the victim, and the sheriff gives the victim a copy.
The charge itself is usually assault or another crime. A particular case is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 25-10-34 — Domestic abuse charge to be indicated on summons, warrant, or judgment of conviction
- SDCL § 25-10-43 — Defendant prohibited from contacting victim prior to court appearance; Violation as misdemeanor
- SDCL § 25-10-25 — Convicted defendant prohibited from contacting victim
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.