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Legal Information: South Dakota

Restraining Orders

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November 28, 2023

What protections can I get in this type of protection order?

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.1

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.

1 SDCL § 22-19A-11