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 […]
25-10-3. Petition for protection order–Procedure–Standard petition form. There exists an action known as a petition for a protection order in cases of domestic abuse. Procedures for the action are as follows: (1)A petition under this section may be made by any person in a relationship described in §25-10-3.1 against any other person in such a […]
25-10-3.1. Persons entitled to apply for protection order. Any person who is involved in one of the following relationships with another party: (1)Spouse or former spouse; (2)Is in a significant romantic relationship or has been in one during the past twelve months with the abusing party; (3)Has a child or is expecting a child with […]
25-10-3.2. Factors for determining significant romantic relationship. For purposes of chapter 25-10, when determining whether a relationship is a significant romantic relationship, the court shall consider, among others, the following factors: (1)The length of time of the relationship; (2)The frequency of interaction between the parties; (3)The characteristics and the type of the relationship. Source: SL […]
25-10-3.3. Petition for protection order in which allegations support stalking or physical injury rather than domestic abuse. If a petition for a protection order alleging the existence of domestic abuse is filed with the court pursuant to §25-10-3 and, if the court, upon an initial review, determines that the allegations do not support the existence […]
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, […]
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; […]
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 […]
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 […]
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 […]
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.
25-10-38. Report of domestic abuse arrest forwarded to prosecutor–Victim to be notified of status of case. Any report made pursuant to §25-10-36 shall be forwarded to the appropriate prosecutor within ten days of making the report. The prosecutor shall, within five days of receipt of the report, notify the victim either orally or in writing […]
25-10-39. Records of domestic abuse–Disclosure of victim’s location during pendency of action. Each law enforcement agency shall maintain records for at least five years of all reported incidents of domestic abuse. However, during the pendency of any action instituted pursuant to §25-10-36, records which identify the location of a victim may not be disclosed to […]
25-10-4. Hearing–Time–Service on respondent. Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless for good cause the court grants a continuance. Personal service of the petition, affidavit, and notice for […]
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 […]
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; […]
25-10-42. Convicted child abuser or sex offender barred from adopting child. No child may be placed for adoption with an individual who has been convicted of child abuse pursuant to chapter 26-10 or a sex offense pursuant to chapter 22-22. Source: SL 2002, ch 116, §5.
25-10-43. Defendant prohibited from contacting victim prior to court appearance–Violation as misdemeanor. While in custody after arrest for a crime involving domestic abuse, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, […]
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 […]
25-10-5. Relief authorized on finding abuse–Time limitation. Upon notice and a hearing, if the court finds by a preponderance of the evidence that domestic abuse has taken place, the court may provide relief as follows: (1)Restrain any party from committing acts of domestic abuse; (2)Exclude the abusing party from the dwelling which the parties share […]
