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Know the Laws: South Dakota

UPDATED May 31, 2017

Protection Orders Against Stalking, Physical Injury, or a Crime of Violence

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A civil order that protects victims who were injured or stalked by a non-family member or non-household member.

back to topWhat is a protection order against stalking, physical injury, or a crime of violence?

If your relationship does not meet the requirements to obtain a domestic violence protection order, you may be able to file for a protection order against stalking, physical injury or a crime of violence.  You may file for this order if you can show that you have been stalked, physical injured or a victim of a "crime of violence".

This means that you can get one against anyone who is stalking you or physically injuring you.  This includes neighbors, friends, landlords, tenants, coworkers, or other people who are not "family or household members".

In order to qualify for a protection order against stalking or physical injury, you must be the victim of stalking and/or physically injured as a result of an assault or a crime of violence as defined by the law:

Stalking: The person you are seeking the order against must have:

  • followed or harassed you in a willful and malicious manner and have done so more than once, or
  • made threats against you with the intent to make you fearful of great bodily harm. (The harassment must seriously alarm or annoy you.)*

Crime of violence: The person you are seeking the order against must have committed or tried to commit one of these crimes against you:

  • murder,
  • manslaughter,
  • rape,
  • criminal pedophilia (sexual penetration accomplished with a victim less than thirteen years of age by any person twenty-six years of age or older),
  • aggravated assault,
  • riot,
  • robbery,
  • burglary,
  • arson,
  • kidnapping,
  • felony sexual contact, which includes:
    • sexual contact by someone over the age of 16 against someone under the age of 16 or
    • certain types of incest
  • felony child abuse
  • any other felony in the commission of which the perpetrator used force, or was armed with a dangerous weapon, or used any explosive or destructive device.**

Note: A victim of stalking or a crime of violence is eligible to file for a protection order whether or not you have contacted the police or criminal charges have been pressed.***

* SDCL § 22-19A-1
** SDCL § 22-1-2(9)
*** SDCL § 22-19A-8(3)

 

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back to topHow can this type of order protect me?

A stalking or physical injury order can last for up to five years and can:

  • order that the abuser avoid all personal contact with you;
  • order that the abuser move out of and/or stay away from your home, business, school or other locations;
  • order that the abuser stop all harassing, threatening and violent behavior;
  • forbid the abuser from owning, possessing or buying firearms; and
  • grant any other measures that the court sees as reasonable and necessary to protect you.*

Whether a judge orders any or all of the above depends on the facts of your case.

To file for a stalking or physical injury protection order, you must go to a court in your area and file an application.  The process to obtain a stalking or physical injury protection order is very similar to the steps for getting a domestic violence protection order.  Although the process will be similar, the forms you fill out may be different.  A court clerk can help you get the paperwork you need.

* SDCL § 22-19A-11

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