Legal Information: South Dakota

Restraining Orders

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Updated: 
November 4, 2021

What protections can I get in a vulnerable adult protection order?

In an ex parte temporary order, the judge can grant any protections that the judge believes are proper, including:

  • ordering the abuser to not commit vulnerable adult abuse; and
  • removing (excluding) any person from the home of the vulnerable adult.1

In a permanent order, the judge can grant any protections that the judge believes are proper, including:

  • ordering the abuser to not commit vulnerable adult abuse;
  • if the respondent and the vulnerable adult are both owners, tenants, living in the same home, or are married to each other, ordering the respondent to move out of the home;
  • ordering the respondent to provide suitable alternative housing for the vulnerable adult;
  • allowing either party who is leaving the home to get their personal property along with a police escort;
  • prohibiting the respondent from entering or attempting to enter any location that the judge believes is necessary to prevent further abuse;
  • prohibiting the respondent from exercising any legal powers on behalf of the vulnerable adult;
  • prohibiting the respondent from exercising control over the funds, benefits, property, resources, belongings, or assets of the vulnerable adult and requiring them to be turned back over to the vulnerable adult;
  • requiring the respondent to follow the instructions of the guardian, conservator, or attorney-in-fact of the vulnerable adult; and
  • anything else that the judge believes is necessary to provide for the safety and welfare of the vulnerable adult. 2

1 SDCL § 21-65-3
2 SDCL §§ 21-65-11; 21-65-12

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