25-10-3. Petition for protection order--Procedure--Standard petition form.
There exists an action known as a petition for a protection order in cases of domestic abuse. Procedures for the action are as follows:
(1)A petition under this section may be made by any person in a relationship described in §25-10-3.1 against any other person in such a relationship;
(2)A petition shall allege the existence of domestic abuse and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the domestic abuse; and
(3)A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties. However, if there is any other lawsuit, complaint, petition, or other action pending between the parties, any new petition made pursuant to this section shall be made to the judge previously assigned to the pending lawsuit, petition, or other action, unless good cause is shown for the assignment of a different judge.
The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner.
Source: SL 1981, ch 198, §3; SL 1987, ch 195, §1; SL 2002, ch 129, §1; SL 2014, ch 124, §1; SL 2014, ch 125, §4.
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.