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Legal Information: South Dakota

Restraining Orders

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November 28, 2023

Can my order be changed or extended?

Either party can file to change (amend) or extend an order at any time.

The judge can extend an order if, after a hearing, the judge believes that any of the following are true:

  1. the respondent continues to pose a threat to the safety of:
    • the vulnerable adult;
    • a person living with the vulnerable adult; or
    • a member of the vulnerable adult’s immediate family; or
  2. the respondent continues to present a risk of financial exploitation of the vulnerable adult.1

An order can be extended multiple times; there is no limit.1

1 SDCL § 21-65-14

What happens if the abuser violates the order?

Violation of a temporary or permanent order can be a Class 1 misdemeanor or, if the violation involves simple assault, it is a Class 6 felony.1 To see the other reasons that a violation of an order of protection can be a Class 6 felony or higher, read section 25-10-19 on our Selected South Dakota Statutes page.

1 SDCL § 21-65-19