§ 25-10-12.3.  Foreign domestic violence protection order -- Reliance on order by law enforcement -- Immunity from liability.

Statutes | S.D. Codified Laws § 25-10-12.3

A law enforcement officer may rely upon any foreign domestic violence protection order that has been provided to the officer by any source. The officer may make an arrest pursuant to § 25-10-13 for any violation of the foreign order in the same manner as for violation of a protection...

§ 25-10-12.1. Foreign domestic violence, physical violence or stalking protection order -- Requirements for enforcement in state

Statutes | S.D. Codified Laws § 25-10-12.1

Any domestic abuse protection order, or any stalking or physical violence protection order, issued by a court of competent jurisdiction of another state, Indian tribe, the District of Columbia, or a commonwealth, territory, or possession of the United States, and duly served on the respondent...

§ 25-10-10. Modification of order of protection

Statutes | S.D. Codified Laws § 25-10-10

Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection.

§ 25-10-9.  Departure from residence or household.

Statutes | S.D. Codified Laws § 25-10-9

A persons right to apply for relief under this chapter may not be affected by the departure of that person from the residence or household to avoid abuse.

§ 25-10-6. Ex parte temporary protection order

Statutes | S.D. Codified Laws § 25-10-6

If an affidavit filed with an application under this chapter alleges that immediate and irreparable injury, loss, or damage will result before an adverse party or his or her attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing...

§ 25-10-5.3.  Instruction on parenting.

Statutes | S.D. Codified Laws § 25-10-5.3

If any person is convicted of a crime involving domestic abuse, and that person is the parent, guardian, or custodian of a minor child who resides with that person or the victim of the crime, the court shall include as part of the sentence, or conditions required as part of the suspended...

§ 25-10-5.2. Mutual order of protection

Statutes | S.D. Codified Laws § 25-10-5.2

No court may, pursuant to the provisions of § 25-10-5, issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless: (1) Both the petitioner and the respondent personally appear (2) The respondent alleges, under oath, the existence of domestic...

§ 25-10-5.1.  Family violence counseling.

Statutes | S.D. Codified Laws § 25-10-5.1

If a court places a defendant on probation upon receiving a verdict or plea of guilty for a crime involving domestic abuse, the court shall order that a condition of the defendant&rsquos probation is that the defendant attend domestic abuse counseling. Failure to attend domestic abuse counseling is...

§ 25-10-5. Relief authorized on finding abuse -- Time limitation

Statutes | S.D. Codified Laws § 25-10-5

Upon notice and a hearing, if the court finds by a preponderance of the evidence that domestic abuse has taken place, the court may provide relief as follows:(1) Restrain any party from committing acts of domestic abuse (2) Exclude the abusing party from the dwelling which the parties share or...

§ 25-10-4. Hearing -- Hearing -- Time -- Service on respondent

Statutes | S.D. Codified Laws § 25-10-4

Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless for good cause the court grants a continuance. Personal service of the petition, affidavit, and notice for...