Restraining Orders

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