25-10-12.3. Reliance on foreign order--Immunity from liability.
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 protection order issued in this state. A law enforcement officer may rely on the statement of the person protected by the foreign order that the order is in effect and that the respondent was personally served with a copy of the order. A law enforcement officer acting in good faith and without malice in enforcing a foreign order under this section is immune from civil or criminal liability for any action arising in connection with the enforcement of the foreign domestic violence protection order.
Source: SL 2003, ch 148, §3.
Structure South Dakota Codified Laws
Chapter 10 - Protection from Domestic Abuse
Section 25-10-1 - Definitions.
Section 25-10-2 - Application for relief--Filing--Venue.
Section 25-10-3 - Petition for protection order--Procedure--Standard petition form.
Section 25-10-3.1 - Persons entitled to apply for protection order.
Section 25-10-3.2 - Factors for determining significant romantic relationship.
Section 25-10-4 - Hearing--Time--Service on respondent.
Section 25-10-5 - Relief authorized on finding abuse--Time limitation.
Section 25-10-5.1 - Counseling required for domestic abuse defendant placed on probation.
Section 25-10-5.2 - Restrictions on issuance of mutual orders for protection against abuse.
Section 25-10-6 - Ex parte temporary protection order.
Section 25-10-7.1 - Temporary order effective until order under § 25-10-5 served.
Section 25-10-8 - Security not required of petitioner--Exception.
Section 25-10-9 - Departure of petitioner from household not waiving right to relief.
Section 25-10-10 - Modification of order.
Section 25-10-11 - Real estate titles not affected.
Section 25-10-12 - Delivery of order to law enforcement agencies.
Section 25-10-12.1 - Enforcement of foreign protection orders--Requirements.
Section 25-10-12.2 - Filing of foreign violence protection order--Affidavit--Entry in database--Fee.
Section 25-10-12.3 - Reliance on foreign order--Immunity from liability.
Section 25-10-12.4 - Presentment of false order or denial of service a misdemeanor.
Section 25-10-12.5 - Affirmative defense.
Section 25-10-13 - Protection order--Violation--Penalty
Section 25-10-14 - Citation of chapter.
Section 25-10-18 - Guidelines for awarding domestic violence program funds.
Section 25-10-21 - Prohibited services.
Section 25-10-22 - Effect of divorce or other civil proceedings prior to criminal proceedings.
Section 25-10-23 - Conditional bond--Violation as misdemeanor.
Section 25-10-24 - Surrender of weapon or concealed pistol permit.
Section 25-10-25 - Convicted defendant prohibited from contacting victim.
Section 25-10-30 - Promulgation of rules.
Section 25-10-35 - Arrest of person for abuse--Considerations.
Section 25-10-36 - Arrest of criminal suspect when responding to domestic abuse call.
Section 25-10-36.1 - Arrest of domestic abuse victim for outstanding warrant.
Section 25-10-37 - Domestic abuse record keeping.
Section 25-10-40 - Restrictions on release of person charged with domestic abuse.
Section 25-10-41 - Conditions of release of person charged with domestic abuse.
Section 25-10-42 - Convicted child abuser or sex offender barred from adopting child.