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Legal Information: South Dakota

Restraining Orders

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Laws current as of November 28, 2023

What types of protection orders against domestic abuse are available? How long do they last?

There are two types of protection orders against domestic abuse available in South Dakota:

Temporary Orders. A temporary protection order is granted on an emergency basis. You must be able to show the judge that you face immediate injury, loss or damage unless the order is granted. A judge can grant you a temporary ex parte order even if the abuser does not know you are requesting it. An ex parte temporary protection order is effective for a period of thirty days (until the court hearing on your final protection order) unless the judge believes there is “good cause” to grant a continuance for another thirty days. Note: A continuance can be for longer than thirty days if the parties agree or if law enforcement cannot find the respondent to serve him/her with the ex parte protection order. If a continuance is granted, the court must extend the ex parte temporary protection order until the rescheduled hearing date.1

Final Protection Orders. You must attend a court hearing to be awarded a final protection order. The abuser will also be able to attend the hearing. You will both have a chance to tell the judge your side of the story. A final protection order can last for up to five years.2

1 SDCL §§ 25-10-6; 25-10-7
2 SDCL § 25-10-1