WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: South Dakota

Restraining Orders

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Laws current as of November 28, 2023

I was not granted a protective order. What are my options?

If you are not granted protection order, there are still some things you can do to stay safe.  It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe.  They can help you develop a safety plan and help connect you with the resources you need.  For safety planning help, ideas, and information, go to our Safety Planning page.  You will find a list of South Dakota resources on our SD Places that Help page.

If you were not granted a protection order because your relationship with the abuser does not qualify as a family or household member, you may be able to seek protection through a stalking or physical injury order.  You will find more information about this process in the Stalking or Physical Injury Order section of this page.

You may also be able to reapply for a protection order if a new incident of domestic abuse occurs after you are denied the order.

If you believe the judge made an error of law, you can talk to someone at a domestic violence organization or a lawyer about the possibility of an appeal.  Generally, appeals are complicated and you will most likely need the help of a lawyer.