Legal Information: South Dakota

Restraining Orders

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May 31, 2017

Am I eligible to file for a protection order against domestic abuse?

A protection order against domestic abuse protects you from abuse by any person in one of the following relationships with you:

  • your spouse or ex-spouse
  • anyone with whom you are/were in a "significant romantic relationship" (if the relationship has ended, it must have ended within the last 12 months); 
  • anyone with whom you have had a child or with whom you are expecting a child (even if you were never married);
  • your parent or child (through blood, adoption, guardianship, or marriage); or
  • your sibling or half-sibling (through blood, adoption, or marriage).*

To decide if your relationship is a “significant romantic relationship,” the judge will consider:

  • the length of the relationship;
  • how often you and the other party interact; and
  • the characteristics and type of relationship.**

If someone who is not in one of these relationships with you is hurting you, there are different laws designed to protect you.  You may be eligible for a protection order against stalking, physical injury, or a crime of violence.

The law does not address the process of how a minor (person under 18 years of age) can get a protection order.  If you are a minor, speak to a local domestic violence organization for help on how to get a protection order.

* SDCL § 25-10-3.1
** SDCL § 25-10-3.2