Title 25, DOMESTIC RELATIONS

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) …

If an ex parte temporary protection order is in effect and a judge issues a protection order pursuant to § 25-10-5 , the ex parte temporary protection order remains effective until the order issued pursuant to § 25-10-5 is served on the respondent. Source: SL 2000, ch 119 , § 3.

The court may not require an undertaking or other security of any party to a petition for an order of protection other than in exceptional circumstances. Source: SL 1981, ch 198 , § 8.

A person's right to apply for relief under this chapter may not be affected by the departure of that person from the residence or household to avoid abuse. Source: SL 1981, ch 198 , § 9.