25-10-1. Definitions. Terms used in this chapter mean: (1)”Domestic abuse,” physical harm, bodily injury, or attempts to cause physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury when occurring between persons in a relationship described in §25-10-3.1. Any violation of §25-10-13 or chapter 22-19A or any crime […]
25-10-10. Modification of order. Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. Source: SL 1981, ch 198, §10.
25-10-11. Real estate titles not affected. No order issued pursuant to this chapter may affect title to real estate. Source: SL 1981, ch 198, §11.
25-10-12. Delivery of order to law enforcement agencies. The petitioner may deliver an order for protection granted pursuant to this chapter within twenty-four hours to the local law enforcement agency having jurisdiction over the residence of the petitioner. Each appropriate law enforcement agency shall make available to other law enforcement officers information as to the […]
25-10-12.1. Enforcement of foreign protection orders–Requirements. Any domestic abuse protection order, or any stalking or physical violence protection order, issued by a court of competent jurisdiction of another state, Indian tribe, the District of Columbia, or a commonwealth, territory, or possession of the United States is enforceable as if the order was issued by a […]
25-10-12.2. Filing of foreign violence protection order–Affidavit–Entry in database–Fee. Any person entitled to protection under a foreign domestic violence protection order may file the foreign order in the office of any clerk of a circuit court in this state. The person filing the foreign order shall also file with the clerk of a circuit court […]
25-10-12.3. Reliance on foreign order–Immunity from liability. A law enforcement officer may rely upon any foreign domestic violence protection order that has been provided to the officer by any source. The officer may make an arrest pursuant to §25-10-13 for any violation of the foreign order in the same manner as for violation of a […]
25-10-12.4. Presentment of false order or denial of service a misdemeanor. Any person who intentionally provides a law enforcement officer with a copy of a foreign domestic violence protection order known by that person to be false, invalid, or not in compliance with the requirements of §25-10-12.1, or who, if served with such a protection […]
25-10-12.5. Affirmative defense. Failure to satisfy any of the requirements of §25-10-12.1 is an affirmative defense to any prosecution for a violation of the foreign domestic violence protection order or any process filed seeking enforcement of the order in this state. Source: SL 2003, ch 148, §5.
25-10-13. Protection order–Violation–Penalty. If a temporary protection order or a protection order is granted pursuant to this chapter, if a foreign protection order is recognized pursuant to §25-10-12.1 or 25-10-25, or if a no contact order is issued pursuant to §25-10-23 or 25-10-25, and if the respondent or person restrained knows of the order, a […]
25-10-14. Citation of chapter. This chapter may be cited as the Protection from Domestic Abuse Act. Source: SL 1981, ch 198, §14.
25-10-16. Award of domestic violence program funds–Recipients–Restricted use–Administrative costs. The board of county commissioners shall award domestic violence program funds to domestic violence programs that are locally controlled and situated in the state. The funds may be awarded to either local governmental or nongovernmental agencies or organizations, and may not be used for anything other […]
25-10-17.1. Persons convicted of crimes involving domestic abuse required to support domestic violence programs. In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime involving domestic violence or domestic abuse to remit costs in the amount of twenty-five dollars to the clerk of […]
25-10-18. Guidelines for awarding domestic violence program funds. Domestic violence program funds shall be awarded by the board of county commissioners to domestic violence programs that meet the requirements of §25-10-28 within the following guidelines: (1)Equitable distribution of funds according to need; (2)Distribution of funds through grants to private, nonprofit organizations; (3)Assurance of proper fiscal […]
25-10-2. Application for relief–Filing–Venue. An application for relief under this chapter may be filed in circuit court or in a magistrate court with a magistrate judge presiding. Venue lies where any party to the proceedings resides. Source: SL 1981, ch 198, §2; SL 1997, ch 118, §2.
25-10-21. Prohibited services. No funds authorized or awarded under the provisions of §§25-10-16 and 25-10-18 shall be used to promote or pay, directly or indirectly, for the elective termination of a pregnancy, sterilization, or control of birth by medication or device. Source: SL 1983, ch 204, §10.
25-10-22. Effect of divorce or other civil proceedings prior to criminal proceedings. In any action involving domestic abuse, the court may not: (1)Dismiss any charge or delay disposition of the domestic abuse action because of the pendency of a divorce or any other civil proceeding, unless agreed to by all parties, including the victim; (2)Require […]
25-10-23. Conditional bond–Violation as misdemeanor. If bond for the defendant in any domestic abuse action is authorized, a condition of no contact with the victim shall be stated and incorporated into the terms of the bond. Willful violation of any such no contact provision is a Class 1 misdemeanor. Source: SL 1989, ch 224, §2.
25-10-24. Surrender of weapon or concealed pistol permit. The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant=s possession to local law enforcement. Source: SL 1989, ch 224, §3; SL 2016, ch 132, §5, eff. Jan. 1, 2017.
25-10-25. Convicted defendant prohibited from contacting victim. The court may order that any defendant convicted of a crime involving domestic abuse be prohibited from contact with the victim and the sheriff shall give the victim a copy of any such order. Source: SL 1989, ch 224, §4.
