Legal Information: South Dakota

Restraining Orders

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Updated: 
November 4, 2021

What is the legal definition of vulnerable adult abuse?

To file for an order, you (a “vulnerable adult”) must have experienced any of the following acts committed by a caretaker, family or household member, or a person who is in a “confidential relationship” with you:

  • emotional and psychological abuse, which includes repeatedly doing any of the following:
    • a sexual act or the simulation of a sexual act directed at you and without your consent that involves nudity or is obscene;
    • unreasonable confinement;
    • harm or damage or destruction of your property or pets; or
    • ridiculing or demeaning conduct, derogatory remarks, verbal harassment, or threats to cause physical or emotional and psychological abuse;
  • financial exploitation, which means wrongfully taking or controlling your property with the intent to defraud you;
  • neglect, which is when a caretaker causes harm to your health or welfare without a reasonable medical excuse, including the failure to provide you with sufficient food, clothing, shelter, or medical care;
  • physical abuse, which is physical harm, bodily injury, the attempt to cause physical harm or injury, or fear of immediate physical harm or bodily injury.1

1 SDCL §§ 21-65-1(4), (13); 22-46-1(4) – (7)

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