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EspañolWhat types of protection orders against stalking, physical injury, or a crime of violence are available? How long do they last?
There are two types of protection orders against stalking, physical injury, or a crime of violence available in South Dakota, temporary and final.
A temporary protection order is granted on an emergency basis. A judge can grant you a temporary “ex parte” order without prior notice to the abuser if you can convince the judge that you will face immediate injury, loss, or damage unless the order is granted. It is effective for a period of 30 days until the court hearing on your final protection order. If the judge believes there is “good cause” to delay the hearing, known as granting a “continuance”, it can be delayed for another 30 days or longer if the parties agree or if law enforcement cannot find the respondent to serve him/her with the ex parte protection order. If a continuance is granted, the court must extend the ex parte temporary protection order until the rescheduled hearing date.1
You must attend the scheduled court hearing to get a final protection order. At the hearing, you and the abuser will both have a chance to present evidence and testimony and the judge will decide whether or not to give you the order. A final protection order can last for up to five years.2 If the judge grants your request for a final protection order at the hearing, the temporary order will remain in effect until the final order is served on the abuser.3
1 SDCL § 22-19A-12; see also Temporary Order of Protection on the South Dakota Unified Judicial System website
2 SDCL § 22-19A-11; see also Permanent Order of Protection on the South Dakota Unified Judicial System website
3 SDCL § 22-19A-12.1
