Can my order be changed or extended?
Either party can file to change (amend) or extend an order at any time.
The judge can extend an order if, after a hearing, the judge believes that any of the following are true:
- the respondent continues to pose a threat to the safety of:
- the vulnerable adult;
- a person living with the vulnerable adult; or
- a member of the vulnerable adult’s immediate family; or
- the respondent continues to present a risk of financial exploitation of the vulnerable adult.1
An order can be extended multiple times; there is no limit.1
1 SDCL § 21-65-14
What happens if the abuser violates the order?
Violation of a temporary or permanent order can be a Class 1 misdemeanor or, if the violation involves simple assault, it is a Class 6 felony.1 To see the other reasons that a violation of an order of protection can be a Class 6 felony or higher, read section 25-10-19 on our Selected South Dakota Statutes page.
1 SDCL § 21-65-19