Section 25-10-5.1 – Counseling required for domestic abuse defendant placed on probation.
25-10-5.1. Counseling required for domestic abuse defendant placed on probation. If a court places a defendant on probation upon receiving a verdict or plea of guilty for a crime involving domestic abuse, the court shall order that a condition of the defendant’s probation is that the defendant attend domestic abuse counseling. Failure to attend domestic […]
Section 25-10-5.2 – Restrictions on issuance of mutual orders for protection against abuse.
25-10-5.2. Restrictions on issuance of mutual orders for protection against abuse. No court may, pursuant to the provisions of §25-10-5, issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless: (1)Both the petitioner and the respondent personally appear; (2)The respondent alleges, under oath, the existence of domestic abuse by […]
Section 25-10-5.3 – Court to require instruction in parenting as part of sentence in certain convictions–Exception.
25-10-5.3. Court to require instruction in parenting as part of sentence in certain convictions–Exception. If any person is convicted of a crime involving domestic abuse, and that person is the parent, guardian, or custodian of a minor child who resides with that person or the victim of the crime, the court shall include as part […]
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 25-10-1 – Definitions.
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 […]
Section 25-10-2 – Application for relief–Filing–Venue.
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.
Section 25-10-3 – Petition for protection order–Procedure–Standard petition form.
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 […]