Section 25-10-21 – Prohibited services.
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.
Section 25-10-8 – Security not required of petitioner–Exception.
25-10-8. Security not required of petitioner–Exception. The court may not require an undertaking or other security of any party to a petition for an order of protection other than in exceptional circumstances. Source: SL 1981, ch 198, §8.
Section 25-10-22 – Effect of divorce or other civil proceedings prior to criminal proceedings.
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 […]
Section 25-10-9 – Departure of petitioner from household not waiving right to relief.
25-10-9. Departure of petitioner from household not waiving right to relief. A person’s right to apply for relief under this chapter may not be affected by the departure of that person from the residence or household to avoid abuse. Source: SL 1981, ch 198, §9.
Section 25-10-23 – Conditional bond–Violation as misdemeanor.
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.
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 […]
Section 25-10-4 – Hearing–Time–Service on respondent.
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 […]
Section 25-10-5 – Relief authorized on finding abuse–Time limitation.
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 […]