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EspañolWhat is a protection order against stalking, physical injury, or a crime of violence?
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 1st 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
What 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
What protections can I get in a protection order against stalking, physical injury, or a crime of violence?
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
