Title 25 — DOMESTIC RELATIONS
18 chapters · 661 sections in this title.
SDCL § 25-10-44 Mental illness hold--Release
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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…
SDCL § 25-10-5 Relief authorized on finding abuse--Time limitation
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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 …
SDCL § 25-10-5.1 Counseling required for domestic abuse defendant placed on probation
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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…
SDCL § 25-10-5.2 Restrictions on issuance of mutual orders for protection against abuse
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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…
SDCL § 25-10-5.3 Court to require instruction in parenting as part of sentence in certain convictions--Exception
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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…
SDCL § 25-10-5.4 Petition for protection order--Denial after hearing--Sealing of court file upon finding--Notice to law enforcement
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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…
Ex parte temporary protection order
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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 …
SDCL § 25-10-7 Limited duration of temporary order--Service on respondent--Notification of service to petitioner--Liability
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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) …
SDCL § 25-10-7.1 Temporary order effective until order under § 25-10-5 served
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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.
SDCL § 25-10-8 Security not required of petitioner--Exception
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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.
SDCL § 25-10-9 Departure of petitioner from household not waiving right to relief
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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.