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Legal Information: South Dakota

Restraining Orders

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November 28, 2023

What is a protection order against stalking, physical injury, or a crime of violence?

If your relationship does not meet the requirements to obtain a domestic violence protection order, you may be able to file for a protection order against stalking, physical injury, or a crime of violence. This means that you can get one against anyone who is stalking you or physically injuring you. This includes neighbors, friends, landlords, tenants, coworkers, or other people who are not “family or household members.”

In order to qualify for this protection order, you must be the victim of stalking or physically injured as a result of an assault or a “crime of violence,” as defined below.

Stalking is when a person:

  • follows or harasses you in a willful and malicious manner more than once and the harassment seriously alarms or annoys you; or
  • makes threats against you with the intent to make you fearful of great bodily harm.1

Crime of violence is when the one of the following crimes is committed against you:

  • murder;
  • manslaughter;
  • rape;
  • criminal pedophilia, which is sexual penetration of a victim less than thirteen years of age by any person twenty-six years of age or older;
  • aggravated assault;
  • riot;
  • robbery;
  • burglary;
  • arson;
  • kidnapping;
  • felony sexual contact, which includes:
    • sexual contact by someone over the age of 16 against someone under the age of 16; or
    • certain types of incest;
  • felony child abuse;
  • any other felony that involves the use of force, a dangerous weapon, or an explosive or destructive device.2

Note: A victim of stalking or a crime of violence is eligible to file for a protection order whether or not the police were contacted or criminal charges were pressed.3

1 SDCL § 22-19A-1
2 SDCL § 22-1-2(9)
3 SDCL § 22-19A-8(3)