This section defines domestic violence for the purposes of getting a protection order against domestic abuse. Domestic violence in South Dakota is when a family or household member does any of the following to you:

• causes physical harm or bodily injury;
• attempts to cause physical harm or bodily injury;
• inflicts fear of imminent physical harm or bodily injury; and/or
• stalks you.¹

¹ SDCL § 25-10-1(1)

A protection order can:

• order the abuser to avoid all personal contact with you;
• order the abuser to move out of and/or stay away from your home, business, school or other locations;
• order the abuser to stop all harassing, threatening and violent behavior;
• order temporary custody and/or visitation;
• order temporary child support;
• order the abuser to attend counseling;
• order parenting classes by the Dept. of Social Services;
• order the abuser to surrender all firearms, and bar him/her from buying or transporting firearms;
• order the abuser to do anything else you ask for and the judge agrees to.¹

Whether a judge orders any or all of the above depends on the facts of your case.

¹ SDCL § 25-10-5

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

A protection order against domestic abuse protects you from abuse by any person in one of the following relationships with you:

• your spouse or ex-spouse
• anyone with whom you are/were in a “significant romantic relationship” (if the relationship has ended, it must have ended within the last 12 months); 
• anyone with whom you have had a child or with whom you are expecting a child (even if you were never married);
• your parent or child (through blood, adoption, guardianship, or marriage); or
• your sibling or half-sibling (through blood, adoption, or marriage).¹

To decide if your relationship is a “significant romantic relationship,” the judge will consider:

• the length of the relationship;
• how often you and the other party interact; and
• the characteristics and type of relationship.²

If someone who is not in one of these relationships with you is hurting you, there are different laws designed to protect you.  You may be eligible for a protection order against stalking, physical injury, or a crime of violence.

The law does not address the process of how a minor (person under 18 years of age) can get a protection order.  If you are a minor, speak to a local domestic violence organization for help on how to get a protection order.

¹ SDCL § 25-10-3.1
² SDCL § 25-10-3.2

There is no fee to file a final or temporary protection order.

You do not need a lawyer to file for a protection order. However, you may wish to have a lawyer, especially if your abuser has a lawyer.  If you can, contact a lawyer to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the SD Finding a Lawyer page.  Domestic violence organizations in your area also should be able to help you through the legal process and may have lawyer referrals.  You can find a domestic violence organization in your area by visiting SD Advocates and Shelters page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

To start your case, you will need to fill out the necessary forms for a protection order.  You can file a petition in the county where you live, or in the county where the abuser lives.  You can find the forms from the civil clerk at the courthouse, but you may want to find them before you go and fill them out at home or with an advocate from a local domestic violence program.  You will find links to forms online on the SD Download Court Forms page.  Most shelters and other domestic violence prevention organizations can provide support for you while you fill out these papers and go to court.  Go to SD Advocates and Shelters to find an organization in your area.

You will need to file the forms in the county courthouse where you live, where your abuser lives, or where the abuse occurred.  To file the forms, during business hours, go to the Clerk of Civil Court.  Tell the clerk that you want to file for a protection order against domestic violence.  If you need emergency protection, also tell the clerk you need temporary order.  To find contact information for the courthouse in your area, click on SD Courthouse Locations.

After the judge reviews your petition, take all of the forms, to the sheriff’s or police department so they can serve the defendant with notice of the hearing. “Notice of the Hearing” is the document that tells the defendant where and when to appear for the full court hearing.

You will have to provide some contact information for the defendant so the sheriff can find him. The defendant must receive notice of a hearing from the sheriff. If the defendant does not receive notice, the hearing will be rescheduled.

Do not try and serve the abuser in person with the papers yourself. The sheriff or police are required to notify you when the order is served.¹

Note: Protection orders may or may not be enforceable prior to the abuser being served, depending on which county you live in.

¹ SDCL § 25-10-7

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

Here are some things you may want to consider doing after the judge gives you a protection order. However, you will have to evaluate each one to see if it works for your situation.

• Review the order before you leave the courthouse.  If something is wrong or missing, ask the clerk to correct the order before you leave.
• Make several copies of the protection order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live or work.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local police, take one of your extra copies and deliver it to them.
• You may wish to consider changing your locks, if permitted by law, and your phone number.

You may also wish to make a safety plan.  People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school.  Many abusers obey protection orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe.  Go to our Safety Planning page for more information. 

Through the Police or Sheriff (Criminal). If the abuser violates the protection order, you can call 911 to report it to law enforcement. Tell the officers you have a protection order and the abuser is violating it. Violation of an order can be a Class 1 misdemeanor or, if the violation involves simple assault, aggravated assault, or stalking, a Class 6 felony.¹ To see the other reasons that a violation of an order of protection can be a Class 6 felony or higher, read section 25-10-13 on our Selected South Dakota Statutes page.

It is generally a good idea to write down the names of the responding officers and their badge numbers in case you want to follow up on your case. Also, make sure to ask the police to write a report on the incident even if the abuser is not arrested. This could be valuable legal documentation if you need to prove a violation of the order in the future. If the police do not arrest the abuser, you may be able to file a criminal complaint yourself. You can call your local police department or district court to get a complaint form.

Through the Civil Court System (Civil). You may also file for civil contempt for a violation of the order. The abuser is in “civil contempt” if s/he does anything that your protection order tells him or her not to do. To file for civil contempt, go to the clerk’s office in the court that issued your order and ask for the petition.

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ SDCL § 25-10-13

If you move within South Dakota, your order will still be valid and good.  It is a good idea to call the clerk to change your address.

Additionally, the federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands.  Different states have different rules for enforcing out-of-state protection orders.  You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area.  If you are moving out of state, you should call a domestic violence program in the state where you are going to find out how that state treats out-of-state orders.  If you are moving to a new state, you may also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111, ext. 2) for information on enforcing your order there.

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

If your relationship does not meet the requirements for a domestic violence protection order, you may still qualify for a protection order against stalking, physical injury, or a crime of violence. You can file for this type of order against anyone regardless of your relationship, including neighbors, friends, landlords, tenants, coworkers, etc.

To qualify for this protection order, you must be the victim of stalking, be physically injured as a result of an assault, or be the victim of a “crime of violence,” as defined below.¹ It does not matter if the police were contacted or criminal charges were pressed.²

Stalking is when a person:

• makes a credible threat against you with the intent to make you fearful of death or great bodily harm; or
• follows or harasses you in a willful and malicious manner more than once. The harassment can include verbal, electronic, digital media, mechanical, telegraphic, or written communication.³

A crime of violence is when the abuser commits, attempts to commit, or tries to get another person to commit one of the following crimes against you:

• murder;
• manslaughter;
• rape;
• aggravated assault;
• riot;
• robbery;
• burglary in the 1^st degree;
• arson;
• kidnapping;
• felony sexual contact;
• felony child abuse; or
• any other felony that involves the use of force, a dangerous weapon, or an explosive or destructive device.⁴

Note: If the judge believes that your petition does not meet the standard to get an order for stalking, physical injury, or a crime of violence, the judge has the option to treat the petition as one for a protection order due to domestic violence if what you describe meets the definition of domestic abuse.⁵

¹ SDCL § 22-19A-8
² SDCL § 22-19A-8(3)
³ SDCL § 22-19A-1
⁴ SDCL § 22-1-2(9)
⁵ SDCL § 22-19A-8.1

A stalking, physical injury, or crime of violence protection order can:

• order the abuser not to stalk you;
• order the abuser not to injure you by committing an assault or a crime of violence; and
• order anything else that the judge believes is necessary to protect you.¹

¹ SDCL § 22-19A-11

You can file a petition in the circuit court or a magistrate court in the county where you live or where the abuser lives.¹ 

¹ SDCL § 22-19A-9

Through the Police or Sheriff (Criminal). If the abuser violates the protection order, you can call 911 to report it to law enforcement. Tell the officers you have a protection order and the abuser is violating it. Violation of an order can be a Class 1 misdemeanor or, if the violation involves an assault, a Class 6 felony.¹ To see the other reasons that a violation of an order of protection can be a Class 6 felony or higher, read section 22-19A-16 on our Selected South Dakota Statutes page.

It is generally a good idea to write down the names of the responding officers and their badge numbers in case you want to follow up on your case. Also, make sure to ask the police to write a report on the incident even if the abuser is not arrested. This could be valuable legal documentation if you need to prove a violation of the order in the future. If the police do not arrest the abuser, you may be able to file a criminal complaint yourself. You can call your local police department or district court to get a complaint form.

Note: If the abuser is arrested for assault or stalking, s/he is not allowed to contact you or your family or household members either directly or through a third party until the first court appearance or until a judge allows that contact to happen.² 

Through the Civil Court System (Civil). You may also file for civil contempt for a violation of the order. The abuser is in “civil contempt” if s/he does anything that your protection order tells him or her not to do. To file for civil contempt, go to the clerk’s office in the court that issued your order and ask for the petition.

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ SDCL § 22-19A-16
² SDCL § 22-19A-17

To file for an order, you (a “vulnerable adult”) must have experienced any of the following acts committed by a caretaker, family or household member, or a person who is in a “confidential relationship” with you:

• emotional and psychological abuse, which includes repeatedly doing any of the following:
  • a sexual act or the simulation of a sexual act directed at you and without your consent that involves nudity or is obscene;
  • unreasonable confinement;
  • harm or damage or destruction of your property or pets; or
  • ridiculing or demeaning conduct, derogatory remarks, verbal harassment, or threats to cause physical or emotional and psychological abuse;
• financial exploitation, which means wrongfully taking or controlling your property with the intent to defraud you;
• neglect, which is when a caretaker causes harm to your health or welfare without a reasonable medical excuse, including the failure to provide you with sufficient food, clothing, shelter, or medical care;
• physical abuse, which is physical harm, bodily injury, the attempt to cause physical harm or injury, or fear of immediate physical harm or bodily injury.¹

¹ SDCL §§ 21-65-1(4), (13); 22-46-1(4) – (7)

There are two types of orders, ex parte and permanent.

An ex parte temporary order can be issued without the abuser being notified beforehand if the petition alleges that the vulnerable adult is in present danger of vulnerable adult abuse. An ex parte temporary protection order generally lasts for 30 days. ¹

A permanent protection order can be issued after a hearing where both parties have the right to appear. A permanent protection order can last up to five years.²

¹ SDCL §§ 21-65-8; 21-65-3
² SDCL § 21-65-11

A petition for a vulnerable adult protection order can be filed in the circuit court or in a magistrate court in the county where the vulnerable adult lives or in the county where the abuser lives.¹

¹ SDCL § 21-65-2

Either party can file to change (amend) or extend an order at any time.

The judge can extend an order if, after a hearing, the judge believes that any of the following are true:

1. the respondent continues to pose a threat to the safety of:
   • the vulnerable adult;
   • a person living with the vulnerable adult; or
   • a member of the vulnerable adult’s immediate family; or
2. the respondent continues to present a risk of financial exploitation of the vulnerable adult.¹

An order can be extended multiple times; there is no limit.¹

¹ SDCL § 21-65-14

If you have a valid South Dakota protection order that meets federal standards, it can be enforced in another state.  The Violence Against Women Act (VAWA), which is a federal law, states that all valid protection orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories.  See “How do I know if my protection order is good under federal law?” to find out if your protection order qualifies.

Each state must enforce out-of-state protection orders in the same way it enforces its own orders.  If the abuser violates your out-of-state protection order, s/he will be punished according to the laws of whatever state you are in when the order is violated.  This is what is meant by “full faith and credit.”

Temporary orders can be enforced by other states, just like any regular protection order, as long as the abuser has been served and will have the opportunity to have a court hearing set before your temporary order expires.

Note: The state where you are going cannot extend your temporary order, or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the court that issued the order and arrange to be at the hearing in person or by telephone. In South Dakota, you can make a request (in writing) to the judge to attend the hearing by telephone. It will be up to the judge to decide whether or not to allow this.

Federal law does not require you to take any special steps to get your protection order enforced in another state. However, many states do have laws or regulations (rules) about enforcement of out-of-state orders. These rules differ from state to state, so it is important to find out what the rules are before you try to get your protection order enforced in another state.

For example, a state may ask you to “register” or file your order so that the court and the police know about it. Although knowing the state rules can make enforcement easier, a valid protection order is enforceable regardless of whether it has been registered or filed in the new state.

Note: It is important to keep a copy of your protection order with you at all times. It may also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.

You do not need a lawyer to get your protection order enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your protection order, and help you through the process if you decide to do so. To find a domestic violence advocate or an attorney in the state you are moving to, select your state from the Places that Help tab on the top of this page.

It will depend on the exact wording of the custody provision in your protection order. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance in the South Dakota area on our SD Places that Help page.

Only the state that issued your protection order can change, extend, or cancel the order.  You cannot have this done by a court in South Dakota.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued.  You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living.

To find out more information about how to modify a protection order, see the Restraining Orders page for the state where your order was issued.  If your order does expire while you are living in South Dakota, you may be able to get a new one issued in South Dakota, but this may be difficult to do if no new incidences of abuse have occurred in South Dakota.  To find out more information on how to get a protection order in South Dakota, visit our SD Protection Orders due to Domesic Violence page.

You can go to the office of any clerk of a circuit court in South Dakota to file your out-of-state protection order.  You can find contact information for courthouses in South Dakota on our SD Courthouse page and on the South Dakota Judiciary website.

You will need to file a certified copy of your order, along with an affidavit (a sworn written statement) stating that to the best of your knowledge, the protection order you are filing is still in effect and has not been changed in anyway.¹   You can get a copy of the Affidavit for Filing a Foreign Protection Order at the clerk of court’s office, or online on the South Dakota Judiciary website.

The clerk of a circuit court will then file the order in the law enforcement protection order database, where police officers can look up your protection order and see that it is valid (real).

Safety Note: The abuser may be notified if you register your protection order in South Dakota, and may be sent a copy of your registered order along with the affidavit form that you sign.  If you do not want the abuser to find out that you are in South Dakota, you may not want to register your order.   Remember, you do not have to register your order to get it enforced in South Dakota.

If you need help registering your protection order, you can contact a local domestic violence organization in South Dakota for assistance. You can find contact information for organizations in your area here on our SD Places that Help page.

¹ SDCL § 25-10-12.2

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.¹  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Tips page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan.  You will find contact information for organizations in your area on our SD Advocates and Shelters page.

¹ 18 USC § 2265(d)

There is no fee for registering your protection order in South Dakota.¹

¹ SDCL § 25-10-12.2