South Dakota Codified Laws
Chapter 10 - Protection from Domestic Abuse
Section 25-10-7 - Limited duration of temporary order--Service on respondent--Notification of service to petitioner--Liability.

25-10-7. Limited duration of temporary order--Service on respondent--Notification of service to petitioner--Liability.
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)The parties stipulate to an additional continuance; or
(2)The court finds that law enforcement is unable to locate the respondent for purposes of service of the ex parte protection order.
If a continuance is granted, the court by order shall extend the ex parte temporary protection order until the rescheduled hearing date. The respondent shall be personally served without delay with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing. The ex parte order shall be served without delay under the circumstances of the case including service of the ex parte order on a Sunday or holiday. The law enforcement agency serving the order shall notify the petitioner by telephone or written correspondence when the order is served if the petitioner has provided to the law enforcement agency either a telephone number or address, or both, where the petitioner may be contacted. The law enforcement agency and any officer of the law enforcement agency is immune from civil and criminal liability if the agency or the officer makes a good faith attempt to notify the petitioner in a manner consistent with the provisions of this section.

Source: SL 1981, ch 198, §7; SL 1986, ch 220, §1; SL 1994, ch 208, §4; SL 2000, ch 119, §2; SL 2004, ch 175, §1; SL 2005, ch 136, §1; SL 2009, ch 132, §1; SL 2016, ch 142, §1.

Structure South Dakota Codified Laws