Section 25-10-35 – Arrest of person for abuse–Considerations.
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 […]
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 25-10-16 – 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 25-10-17.1 – Persons convicted of crimes involving domestic abuse required to support domestic violence programs.
25-10-17.1. Persons convicted of crimes involving domestic abuse required to support domestic violence programs. In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime involving domestic violence or domestic abuse to remit costs in the amount of twenty-five dollars to the clerk of […]
Section 25-10-18 – Guidelines for awarding domestic violence program funds.
25-10-18. Guidelines for awarding domestic violence program funds. Domestic violence program funds shall be awarded by the board of county commissioners to domestic violence programs that meet the requirements of §25-10-28 within the following guidelines: (1)Equitable distribution of funds according to need; (2)Distribution of funds through grants to private, nonprofit organizations; (3)Assurance of proper fiscal […]
Section 25-10-7.1 – Temporary order effective until order under § 25-10-5 served.
25-10-7.1. Temporary order effective until order under §25-10-5 served. If an ex parte temporary protection order is in effect and a judge issues a protection order pursuant to §25-10-5, the ex parte temporary protection order remains effective until the order issued pursuant to §25-10-5 is served on the respondent. Source: SL 2000, ch 119, §3.
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.