Legal Information: South Dakota

Restraining Orders

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December 6, 2022

Who is considered to be a "vulnerable adult" and who can file a petition for an order?

The following people can file for a vulnerable adult protection order:

  1. a “vulnerable adult,” which the law defines as:
    • someone who is sixty-five or older who is unable to protect himself/herself from abuse as a result of age or a mental or physical condition; or
    • an adult of any age with a disability; or
  2. a vulnerable adult’s spouse, relative, household member, caregiver, or fiduciary who is filing on behalf of the vulnerable adult. Note: A “fiduciary” is someone who has the legal power to act on another’s behalf.1

1 SDCL § 21-65-1(10), (14), (15)

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