21-65-11. Relief available for vulnerable adult abuse.
Upon a finding by a preponderance of the evidence that vulnerable adult abuse has occurred, the court may order any of the following:
(1)That the respondent be required to move from the residence of the vulnerable adult if both the vulnerable adult and the respondent are titleholders or contract holders of record of the real property, are named as tenants in the rental agreement concerning the use and occupancy of the dwelling unit, are living in the same residence, or are married to each other;
(2)That the respondent provide suitable alternative housing for the vulnerable adult;
(3)That a peace officer accompany the party who is leaving or has left the party's residence to remove essential personal effects of the party;
(4)That the respondent be restrained from vulnerable adult abuse;
(5)That the respondent be restrained from entering or attempting to enter on any premises when it appears to the court that restraint is necessary to prevent the respondent from committing vulnerable adult abuse;
(6)That the respondent be restrained from exercising any powers on behalf of the vulnerable adult through a court-appointed guardian, conservator, or guardian ad litem, an attorney-in-fact, or another third party; and
(7)In addition to the relief provided in §21-65-12, other relief that the court considers necessary to provide for the safety and welfare of the vulnerable adult.
Any relief granted by the order for protection shall be for a fixed period and may not exceed five years.
Source: SL 2016, ch 120, §13; SL 2020, ch 214, § 48.
Structure South Dakota Codified Laws
Chapter 65 - Protection Of Vulnerable Adults
Section 21-65-1 - Definitions.
Section 21-65-2 - Petition for relief from vulnerable adult abuse--Affidavit--Contents.
Section 21-65-3 - Ex parte temporary protection order.
Section 21-65-4 - Rights of vulnerable adult in action brought by substitute petitioner.
Section 21-65-5 - Forms for pro se actions.
Section 21-65-6 - Guardian ad litem.
Section 21-65-7 - Hearing on petition--Service of process.
Section 21-65-8 - Continuance of ex parte temporary protection order.
Section 21-65-9 - Temporary protection order effective until protection order served.
Section 21-65-10 - Persons who may make showing for protection order.
Section 21-65-11 - Relief available for vulnerable adult abuse.
Section 21-65-12 - Relief available for financial exploitation.
Section 21-65-13 - Limitations on protection order.
Section 21-65-14 - Term of protection order--Amendment or extension.
Section 21-65-15 - Attorney's fees and court costs.
Section 21-65-16 - Title to real property unaffected.
Section 21-65-17 - Delivery of protection order to law enforcement.
Section 21-65-18 - Right to relief unaffected by leaving home to avoid abuse.