US Lawyer Database

Section 25-10-40 – Restrictions on release of person charged with domestic abuse.

25-10-40. Restrictions on release of person charged with domestic abuse. No police officer or sheriff may release a person charged with assaulting a person in a relationship described in §25-10-3.1, or violating a protection order, as provided for in this chapter, without providing notice to a committing magistrate judge or circuit court. A committing magistrate […]

Section 25-10-41 – Conditions of release of person charged with domestic abuse.

25-10-41. Conditions of release of person charged with domestic abuse. In determining the conditions of release under §25-10-40, the court shall consider the following conditions and may impose any condition it considers reasonably necessary to protect the alleged victim of domestic abuse, including ordering the defendant: (1)Not to subject the victim to further domestic abuse; […]

Section 25-10-44 – Mental illness hold–Release.

25-10-44. Mental illness hold–Release. Notwithstanding §25-10-40, if the police officer or sheriff believes that the domestic abuse perpetrator has a severe mental illness that makes the person an imminent danger to self or others, the officer or sheriff may initiate a mental illness hold under §27A-10-3 and transport the person to an appropriate regional facility […]

Section 25-10-36.1 – Arrest of domestic abuse victim for outstanding warrant.

25-10-36.1. Arrest of domestic abuse victim for outstanding warrant. No law enforcement officer who is called to the scene of a domestic abuse complaint is required to arrest any victim of domestic abuse for an outstanding warrant if: (1)The victim is not otherwise liable to arrest for any action arising out of the present incidence […]

Section 25-10-37 – Domestic abuse record keeping.

25-10-37. Domestic abuse record keeping. The information required by §§25-10-34 and 25-10-36 shall be compiled, maintained, and reported in accordance with chapter 23-6. Source: SL 2000, ch 111, §3; SDCL §23A-2-14; SL 2002, ch 19, §1.