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Legal Information: South Dakota

Restraining Orders

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Laws current as of November 28, 2023

How do I register my protection order in South Dakota?

You can go to the office of any clerk of a circuit court in South Dakota to file your out-of-state protection order.  You can find contact information for courthouses in South Dakota on our SD Courthouse page and on the South Dakota Judiciary website.

You will need to file a certified copy of your order, along with an affidavit (a sworn written statement) stating that to the best of your knowledge, the protection order you are filing is still in effect and has not been changed in anyway.1   You can get a copy of the Affidavit for Filing a Foreign Protection Order at the clerk of court’s office, or online on the South Dakota Judiciary website.

The clerk of a circuit court will then file the order in the law enforcement protection order database, where police officers can look up your protection order and see that it is valid (real).

Safety Note: The abuser may be notified if you register your protection order in South Dakota, and may be sent a copy of your registered order along with the affidavit form that you sign.  If you do not want the abuser to find out that you are in South Dakota, you may not want to register your order.   Remember, you do not have to register your order to get it enforced in South Dakota.

If you need help registering your protection order, you can contact a local domestic violence organization in South Dakota for assistance. You can find contact information for organizations in your area here on our SD Places that Help page.

1 SDCL § 25-10-12.2