Legal Information: South Dakota

Restraining Orders

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Updated: 
November 4, 2021

Can 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.1

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 USC 2265; SDCL § 25-10-12.1

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