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Legal Information: South Dakota

Restraining Orders

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Laws current as of November 28, 2023

Step 4 - A judge will review your application.

After you finish filling out your application, bring it to the court clerk. The clerk will forward it to a judge. The judge may wish to ask you questions as s/he reviews your petition. If the judge believes you or your child are in serious and immediate danger, s/he may give you an ex parte (temporary) order which is good for 30 days, until your full court hearing.

Whether the judge grants you a temporary order or not, you may be given a court date for a full court “hearing” within 30 days (assuming your petiton is not dismissed). This hearing will be in front of a judge at the time shown on the notice of hearing. At this hearing, you and the abuser will both have a chance to explain your sides to the judge.

Note: If you received an ex parte (temporary) order, keep a copy of it with you at all times.