Title 25 — DOMESTIC RELATIONS

Terms used in this chapter mean: (1) "Domestic abuse," physical harm, bodily injury, or attempts to cause physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury when occurring between persons in a relationship described in §

Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. Source: SL 1981, ch 198 , § 10.

No order issued pursuant to this chapter may affect title to real estate. Source: SL 1981, ch 198 , § 11.

The petitioner may deliver an order for protection granted pursuant to this chapter within twenty - four hours to the local law enforcement agency having jurisdiction over the residence of the petitioner. Each appropriate law enforcement agency shall make available to other law e…

Any domestic abuse protection order, or any stalking or physical violence protection order, issued by a court of competent jurisdiction of another state, Indian tribe, the District of Columbia, or a commonwealth, territory, or possession of the United States is enforceable as if …

Any person entitled to protection under a foreign domestic violence protection order may file the foreign order in the office of any clerk of a circuit court in this state. The person filing the foreign order shall also file with the clerk of a circuit court an affidavit certifyi…

A law enforcement officer may rely upon any foreign domestic violence protection order that has been provided to the officer by any source. The officer may make an arrest pursuant to § 25-10-13 for any violation of the foreign order in the same manner as for violation of a protec…

Any person who intentionally provides a law enforcement officer with a copy of a foreign domestic violence protection order known by that person to be false, invalid, or not in compliance with the requirements of § 25-10-12.1 , or who, if served with such a protection order, deni…

Failure to satisfy any of the requirements of § 25-10-12.1 is an affirmative defense to any prosecution for a violation of the foreign domestic violence protection order or any process filed seeking enforcement of the order in this state. Source: SL 2003, ch 148 , § 5.

If a temporary protection order or a protection order is granted pursuant to this chapter, if a foreign protection order is recognized pursuant to § 25-10-12.1 or 25-10-25 , or if a no contact order is issued pursuant to § 25-10-23 or 25-10-25 , and if the respondent or person re…

This chapter may be cited as the Protection from Domestic Abuse Act. Source: SL 1981, ch 198 , § 14. 25-10-15. Repealed by SL 2011, ch 132 , § 5.

25-10-16 Award of domestic violence program funds--Recipients--Restricted use--Administrative costs. 25-10-17

The board of county commissioners shall award domestic violence program funds to domestic violence programs that are locally controlled and situated in the state. The funds may be awarded to either local governmental or nongovernmental agencies or organizations, and may not be us…

25-10-17.1 Persons convicted of crimes involving domestic abuse required to support domestic violence programs. 25-10-18 Guidelines for awarding domestic violence program funds. 25-10-19 25-10-19 , 25-10-20. Repealed by SL 2011, ch 132 , §§ 7, 8. 25-10-21 Prohibited services. 25-…

In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime involving domestic violence or domestic abuse to remit costs in the amount of twenty-five dollars to the clerk of courts. The clerk of courts shall forward…

Domestic violence program funds shall be awarded by the board of county commissioners to domestic violence programs that meet the requirements of § 25-10-28 within the following guidelines: (1) Equitable distribution of funds according to need; (2) Distribution of funds through g…

An application for relief under this chapter may be filed in circuit court or in a magistrate court with a magistrate judge presiding. Venue lies where any party to the proceedings resides. Source: SL 1981, ch 198 , § 2; SL 1997, ch 118 , § 2.

No funds authorized or awarded under the provisions of §§ 25-10-16 and 25-10-18 shall be used to promote or pay, directly or indirectly, for the elective termination of a pregnancy, sterilization, or control of birth by medication or device. Source: SL 1983, ch 204 , § 10.

In any action involving domestic abuse, the court may not: (1) Dismiss any charge or delay disposition of the domestic abuse action because of the pendency of a divorce or any other civil proceeding, unless agreed to by all parties, including the victim; (2) Require proof that ei…

If bond for the defendant in any domestic abuse action is authorized, a condition of no contact with the victim shall be stated and incorporated into the terms of the bond. Willful violation of any such no contact provision is a Class 1 misdemeanor. Source: SL 1989, ch 224 , § 2.

The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant = s possession to local law enforcement. Source: SL 1989, ch 224 , § 3; SL 2016, ch 132 , § 5, eff. Jan. 1, 2017.

The court may order that any defendant convicted of a crime involving domestic abuse be prohibited from contact with the victim and the sheriff shall give the victim a copy of any such order. Source: SL 1989, ch 224 , § 4. 25-10-26, 25-10-27. Repealed by SL 2011, ch 132 , §§ 9, 1…

Any shelter or service programs established pursuant to this chapter shall have as its primary purpose the provision of services to victims of domestic violence or sexual assault, or both, and shall include: (1) Crisis telephone and referral services available twenty-four hours p…

25-10-30 Promulgation of rules. 25-10-31 25-10-31 to 25-10-33. Repealed by SL 2011, ch 132 , §§ 12 to 14. 25-10-34 Domestic abuse charge to be indicated on summons, warrant, or judgment of conviction. 25-10-35 Arrest of person for abuse--Considerations. 25-10-36 Arrest of crimina…

There exists an action known as a petition for a protection order in cases of domestic abuse. Procedures for the action are as follows: (1) A petition under this section may be made by any person in a relationship described in § 25-10-3.1 against any other person in such a relati…

Any person who is involved in one of the following relationships with another party: (1) Spouse or former spouse; (2) Is in a significant romantic relationship or has been in one during the past twelve months with the abusing party; (3) Has a child or is expecting a child with th…

For purposes of chapter 25-10 , when determining whether a relationship is a significant romantic relationship, the court shall consider, among others, the following factors: (1) The length of time of the relationship; (2) The frequency of interaction between the parties; (3) The…

If a petition for a protection order alleging the existence of domestic abuse is filed with the court pursuant to § 25-10-3 and, if the court, upon an initial review, determines that the allegations do not support the existence of domestic abuse, but that the allegations do suppo…

The Department of Public Safety shall promulgate rules pursuant to chapter 1-26 to: (1) Establish minimum qualifications of sexual assault or domestic violence shelters or service programs; and (2) Evaluate the programs and services provided by sexual assault or domestic violence…

The state's attorney of the county where a crime is believed to have been committed shall indicate on the summons, complaint, information, indictment, arrest warrant, and judgment of conviction whether the charge involves domestic abuse. Source: SL 2000, ch 111 , § 2; SDCL § 23A-…

If the officer has probable cause to believe that persons in a relationship as defined in § 25-10-3.1 have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the predominant physical aggres…

If any law enforcement officer who is responding to a domestic abuse call has probable cause to believe that a crime has been committed, the law enforcement officer shall arrest the person who is suspected of committing the crime and make a complete report of any action taken. Th…

No law enforcement officer who is called to the scene of a domestic abuse complaint is required to arrest any victim of domestic abuse for an outstanding warrant if: (1) The victim is not otherwise liable to arrest for any action arising out of the present incidence of domestic a…

The information required by §§ 25-10-34 and 25-10-36 shall be compiled, maintained, and reported in accordance with chapter 23-6 . Source: SL 2000, ch 111 , § 3; SDCL § 23A-2-14 ; SL 2002, ch 19 , § 1.

Any report made pursuant to § 25-10-36 shall be forwarded to the appropriate prosecutor within ten days of making the report. The prosecutor shall, within five days of receipt of the report, notify the victim either orally or in writing of the status of the case. If the state's a…

Each law enforcement agency shall maintain records for at least five years of all reported incidents of domestic abuse. However, during the pendency of any action instituted pursuant to § 25-10-36 , records which identify the location of a victim may not be disclosed to a defenda…

Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless for good cause the court grants a continuance. Personal service of the petition, affidavit,…

If the court dismisses a petition filed pursuant to § 25-10-3 without a hearing held pursuant to § 25-10-4 , the clerk of court must immediately seal the petition and any supporting documents in the case. Source: SL 2026, ch 102 , § 3.

No police officer or sheriff may release a person charged with assaulting a person in a relationship described in § 25-10-3.1 , or violating a protection order, as provided for in this chapter, without providing notice to a committing magistrate judge or circuit court. A committi…

In determining the conditions of release under § 25-10-40 , the court shall consider the following conditions and may impose any condition it considers reasonably necessary to protect the alleged victim of domestic abuse, including ordering the defendant: (1) Not to subject the v…

No child may be placed for adoption with an individual who has been convicted of child abuse pursuant to chapter 26-10 or a sex offense pursuant to chapter 22-22 . Source: SL 2002, ch 116 , § 5.

While in custody after arrest for a crime involving domestic abuse, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's initial c…

Notwithstanding § 25-10-40 , if the police officer or sheriff believes that the domestic abuse perpetrator has a severe mental illness that makes the person an imminent danger to self or others, the officer or sheriff may initiate a mental illness hold under § 27A-10-3 and transp…

Upon notice and a hearing, if the court finds by a preponderance of the evidence that domestic abuse has taken place, the court may provide relief as follows: (1) Restrain any party from committing acts of domestic abuse; (2) Exclude the abusing party from the dwelling which the …

If a court places a defendant on probation upon receiving a verdict or plea of guilty for a crime involving domestic abuse, the court shall order that a condition of the defendant's probation is that the defendant attend domestic abuse counseling. Failure to attend domestic 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…

If any person is convicted of a crime involving domestic abuse, and that person is the parent, guardian, or custodian of a minor child who resides with that person or the victim of the crime, the court shall include as part of the sentence, or conditions required as part of the s…

If the court denies a petition filed pursuant to § 25-10-3 without a hearing held pursuant to § 25-10-4 , the court must seal the case upon a finding on the record that the petition was filed with no basis in fact or law and was harassing, frivolous, or abusive in nature. The cou…

If an affidavit filed with an application under this chapter alleges that immediate and irreparable injury, loss, or damage will result before an adverse party or his or her attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a …

An ex parte temporary protection order is effective for a period of thirty days except as provided in § 25-10-7.1 unless for good cause the court grants a continuance. No continuance may exceed thirty days unless the court finds good cause for the additional continuance and: (1) …