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Legal Information: South Dakota
Updated:
November 28, 202325-10-5.2 Restrictions on issuance of mutual orders for protection against abuse
No court may, pursuant to the provisions of § 25-10-5, issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless:
(1) Both the petitioner and the respondent personally appear;
(2) The respondent alleges, under oath, the existence of domestic abuse by stating the specific facts and circumstances of the domestic abuse;
(3) The court finds, by a preponderance of the evidence, that domestic abuse has taken place.
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