Can I get my protection order enforced in South Dakota? What are the requirements?
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
Can I have my protection order changed, extended, or canceled in South Dakota?
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 the abuser is living.
To find out more information about how to modify a protection order, see the Restraining Orders 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 due to Domesic Violence page.
I was granted temporary custody with my protection order. Will I still have temporary custody of my children in South Dakota?
As long as the child custody provision complies with federal law1, South Dakota 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.
1 Uniform Child Custody Jurisdiction Act (UCCJA); Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA); and Parental Kidnapping Prevention Act of 1980