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 25-10-7.1 – 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.
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.