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Legal Information: South Dakota

Restraining Orders

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November 28, 2023

Am I eligible to file for a protection order against domestic abuse?

A protection order against domestic abuse protects you from abuse by any person in one of the following relationships with you:

  • your spouse or ex-spouse
  • anyone with whom you are/were in a “significant romantic relationship” (if the relationship has ended, it must have ended within the last 12 months); 
  • anyone with whom you have had a child or with whom you are expecting a child (even if you were never married);
  • your parent or child (through blood, adoption, guardianship, or marriage); or
  • your sibling or half-sibling (through blood, adoption, or marriage).1

To decide if your relationship is a “significant romantic relationship,” the judge will consider:

  • the length of the relationship;
  • how often you and the other party interact; and
  • the characteristics and type of relationship.2

If someone who is not in one of these relationships with you is hurting you, there are different laws designed to protect you.  You may be eligible for a protection order against stalking, physical injury, or a crime of violence.

The law does not address the process of how a minor (person under 18 years of age) can get a protection order.  If you are a minor, speak to a local domestic violence organization for help on how to get a protection order.

1 SDCL § 25-10-3.1
2 SDCL § 25-10-3.2