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 25-10-36.1 – Arrest of domestic abuse victim for outstanding warrant.
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 […]
Section 25-10-37 – Domestic abuse record keeping.
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.
Section 25-10-38 – Report of domestic abuse arrest forwarded to prosecutor–Victim to be notified of status of case.
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 […]
Section 25-10-39 – Records of domestic abuse–Disclosure of victim’s location during pendency of action.
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 […]
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 25-10-10 – Modification of order.
25-10-10. Modification of order. Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. Source: SL 1981, ch 198, §10.
Section 25-10-24 – Surrender of weapon or concealed pistol permit.
25-10-24. Surrender of weapon or concealed pistol permit. The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant=s possession to local law enforcement. Source: SL 1989, ch 224, §3; SL 2016, ch 132, §5, eff. Jan. 1, 2017.
Section 25-10-11 – Real estate titles not affected.
25-10-11. Real estate titles not affected. No order issued pursuant to this chapter may affect title to real estate. Source: SL 1981, ch 198, §11.