22-19A-8.1. Petition for protection order in which allegations support domestic abuse rather than stalking or physical injury.
If a petition for a protection order alleging the existence of stalking or physical injury is filed with the court pursuant to §22-19A-8 and, if the court, upon an initial review, determines that the allegations do not support the existence of stalking or physical injury, but that the allegations do support the existence of domestic abuse pursuant to §25-10-3, the court, in its discretion, may hear and act upon the petition as though the petition had been filed under §25-10-3 and subject to the provisions of chapter 25-10.
Source: SL 2014, ch 126, §2.
Structure South Dakota Codified Laws
Section 22-19A-1 - Stalking--Violation as misdemeanor--Second or subsequent offense a felony.
Section 22-19A-3 - Stalking--Subsequent convictions--Violation as felony.
Section 22-19A-4 - Harasses defined.
Section 22-19A-5 - Course of conduct defined.
Section 22-19A-6 - Credible threat defined.
Section 22-19A-7 - Stalking a child twelve or younger--Felony.
Section 22-19A-8 - Petition for protection order--Procedures.
Section 22-19A-9 - Filing petition for protection--Venue.
Section 22-19A-10 - Hearing on petition for protection--Time--Service on respondent.
Section 22-19A-11 - Relief granted by protection order.
Section 22-19A-12 - Ex parte temporary order pending full hearing on petition for protection.
Section 22-19A-13 - Exceptional circumstances required before security authorized.
Section 22-19A-14 - Modification of terms of protection order.