Conozca la Ley: South Dakota
ACTUALIZADA 31 de septiembre, 2009
A protection order is a civil order that provides protection from harm by a family or household member.
- Basic Information
- Can I get an Order of Protection?
- What are the steps for getting a PO?
- After the Hearing
Basic Information
arribaWhat is a protection order?
A protection order (sometimes called a restraining order) is paper which is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic abuse to both women and men victims. A protection order can protect you for up to five years.*
* SDCL § 25-10-1(3)
arribaWhat is the legal definition of domestic abuse in SD?
This section defines domestic violence for the purposes of getting a protection order against domestic abuse.
Domestic violence in South Dakota is when a "family or household member" does any of the following to you:
- Causes physical harm or bodily injury
- Attempts to cause physical harm or bodily injury
- Inflicts fear of imminent physical harm or bodily injury
- Stalking*
Note: Under South Dakota law, domestic abuse does not include property damage.
To read the exact wording of the law, please the SD Statutes page.
*SDCL § 25-10-1(1)
arribaHow can a protection order protect me?
A protection order can:
- order the abuser to avoid all personal contact with you;
- order the abuser to move out of and/or stay away from your home, business, school or other locations;
- order the abuser to stop all harassing, threatening and violent behavior;
- order temporary custody and/or visitation;
- order temporary child support;
- order the abuser to attend counseling;
- order parenting classes by the Dept. of Social Services;
- order the abuser to surrender all firearms, and bar him from buying or transporting firearms;
- order the abuser to do anything else you ask for and the judge agrees to.*
* SDCL § 25-10-5
arribaIn which county can I file for a protection order?
You can file a petition in the county where you live, or in the county where the abuser lives.*
* SDCL § 25-10-2