Conozca la Ley: South Dakota
ACTUALIZADA 31 de septiembre, 2009
If you are planning to move to SD or are going to be in SD for any reason, your protection or restraining order can be enforced.
- General Rules for Out-of-State Orders in SD
- Can I get my protection order enforced in South Dakota? What are the requirements?
- Can I have my protection order changed, extended, or canceled in SD?
- What can I do if the court that issued my order tells SD that my order has changed or is no good?
- I was granted temporary custody with my protection order. Will I still have temporary custody of my children in SD?
- Registering your Out-of-State order in SD
General Rules for Out-of-State Orders in SD
arribaCan I get my protection order enforced in South Dakota? What are the requirements?
Yes. Your protection order can be enforced in South Dakota as long as:
- It was issued to prevent violent, threatening, or harassing behavior against another person, OR it was issued to forbid contact or communication with another person.
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case).
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the ex parte or emergency order expires.*
* 18 USC 2265; SDCL § 25-10-12.1
arribaCan I have my protection order changed, extended, or canceled in SD?
No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in South Dakota.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living.
To find out more information about how to modify a protection order, see the "How to Get a Protection Order" page for the state where your order was issued. If your order does expire while you are living in South Dakota, you may be able to get a new one issued in South Dakota. But this may be difficult to do if no new incidences of abuse have occurred in South Dakota. To find out more information on how to get a protection order in South Dakota, visit our SD Protection Orders page.
arribaWhat can I do if the court that issued my order tells SD that my order has changed or is no good?
You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in South Dakota cannot enforce an order that has expired or has been canceled in the issuing state.
If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in SD. You will find information on legal assistance and domestic violence organizations in SD on the SD Where to Find Help page.
arribaI was granted temporary custody with my protection order. Will I still have temporary custody of my children in SD?
Yes. As long as the child custody provision complies with federal law*, SD can enforce a temporary custody order that is a part of a protection order.
Please see our Custody Info and Kidnapping Info page for more information on the federal law requirements, and to read more about taking your children out of state. To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area. To find a lawyer in your area, click on Where to find Help, and select the state you are in from the drop-down menu on the top left corner of this page.
* Uniform Child Custody Jurisdiction Act (UCCJA); Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA); and Parental Kidnapping Prevention Act of 1980