Restraining Orders

Your protection order can be enforced in South Dakota as long as:

• It was issued to prevent violent, threatening, or harassing behavior against another person, OR it was issued to forbid contact or communication with another person.
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case).
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the ex parte or emergency order expires.¹

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.

¹ 18 USC 2265; SDCL § 25-10-12.1