Section 25-10-12.4 – Presentment of false order or denial of service a misdemeanor.
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 […]
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 25-10-6 – Ex parte temporary protection order.
25-10-6. Ex parte temporary protection order. If an affidavit filed with an application under this chapter alleges that immediate and irreparable injury, loss, or damage will result before an adverse party or his or her attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing […]
Section 25-10-7 – Limited duration of temporary order–Service on respondent–Notification of service to petitioner–Liability.
25-10-7. Limited duration of temporary order–Service on respondent–Notification of service to petitioner–Liability. An ex parte temporary protection order is effective for a period of thirty days except as provided in §25-10-7.1 unless for good cause the court grants a continuance. No continuance may exceed thirty days unless the court finds good cause for the additional […]
Section 25-10-3.1 – Persons entitled to apply for protection order.
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 […]
Section 25-10-3.2 – Factors for determining significant romantic relationship.
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 […]
Section 25-10-3.3 – Petition for protection order in which allegations support stalking or physical injury rather than domestic abuse.
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 […]