Section 25-10-28 – Domestic violence or sexual assault shelters and service programs–Required services.
25-10-28. Domestic violence or sexual assault shelters and service programs–Required services. Any shelter or service programs established pursuant to this chapter shall have as its primary purpose the provision of services to victims of domestic violence or sexual assault, or both, and shall include: (1)Crisis telephone and referral services available twenty-four hours per day, seven […]
Section 25-10-30 – Promulgation of rules.
25-10-30. Promulgation of rules. The Department of Public Safety shall promulgate rules pursuant to chapter 1-26 to: (1)Establish minimum qualifications of sexual assault or domestic violence shelters or service programs; and (2)Evaluate the programs and services provided by sexual assault or domestic violence shelters or service programs. Source: SL 1989, ch 223, §6; SL 1990, […]
Section 25-10-34 – Domestic abuse charge to be indicated on summons, warrant, or judgment of conviction.
25-10-34. Domestic abuse charge to be indicated on summons, warrant, or judgment of conviction. The state’s attorney of the county where a crime is believed to have been committed shall indicate on the summons, complaint, information, indictment, arrest warrant, and judgment of conviction whether the charge involves domestic abuse. Source: SL 2000, ch 111, §2; […]
Section 25-10-35 – Arrest of person for abuse–Considerations.
25-10-35. Arrest of person for abuse–Considerations. If the officer has probable cause to believe that persons in a relationship as defined in §25-10-3.1 have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the predominant physical aggressor. In making this […]
Section 25-10-36 – Arrest of criminal suspect when responding to domestic abuse call.
25-10-36. Arrest of criminal suspect when responding to domestic abuse call. If any law enforcement officer who is responding to a domestic abuse call has probable cause to believe that a crime has been committed, the law enforcement officer shall arrest the person who is suspected of committing the crime and make a complete report […]
Section 25-10-12.5 – Affirmative defense.
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.
Section 25-10-13 – Protection order–Violation–Penalty
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 […]
Section 25-10-14 – Citation of chapter.
25-10-14. Citation of chapter. This chapter may be cited as the Protection from Domestic Abuse Act. Source: SL 1981, ch 198, §14.
Section 25-10-16 – Award of domestic violence program funds–Recipients–Restricted use–Administrative costs.
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 […]
Section 25-10-17.1 – Persons convicted of crimes involving domestic abuse required to support domestic violence programs.
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 […]