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Legal Information: South Dakota

Restraining Orders

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November 28, 2023

What types of orders are there and how long do they last?

There are two types of orders, ex parte and permanent.

An ex parte temporary order can be issued without the abuser being notified beforehand if the petition alleges that the vulnerable adult is in present danger of vulnerable adult abuse. An ex parte temporary protection order generally lasts for 30 days. 1

A permanent protection order can be issued after a hearing where both parties have the right to appear. A permanent protection order can last up to five years.2

1 SDCL §§ 21-65-8; 21-65-3
2 SDCL § 21-65-11