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 25-10-25 – Convicted defendant prohibited from contacting victim.
25-10-25. Convicted defendant prohibited from contacting victim. The court may order that any defendant convicted of a crime involving domestic abuse be prohibited from contact with the victim and the sheriff shall give the victim a copy of any such order. Source: SL 1989, ch 224, §4.
Section 25-10-28 – Domestic violence or sexual assault shelters and service programs–Required services.
25-10-28. Domestic violence or sexual assault shelters and service programs–Required services. Any shelter or service programs established pursuant to this chapter shall have as its primary purpose the provision of services to victims of domestic violence or sexual assault, or both, and shall include: (1)Crisis telephone and referral services available twenty-four hours per day, seven […]
Section 25-10-30 – Promulgation of rules.
25-10-30. Promulgation of rules. The Department of Public Safety shall promulgate rules pursuant to chapter 1-26 to: (1)Establish minimum qualifications of sexual assault or domestic violence shelters or service programs; and (2)Evaluate the programs and services provided by sexual assault or domestic violence shelters or service programs. Source: SL 1989, ch 223, §6; SL 1990, […]
Section 25-10-12.2 – Filing of foreign violence protection order–Affidavit–Entry in database–Fee.
25-10-12.2. Filing of foreign violence protection order–Affidavit–Entry in database–Fee. Any person entitled to protection under a foreign domestic violence protection order may file the foreign order in the office of any clerk of a circuit court in this state. The person filing the foreign order shall also file with the clerk of a circuit court […]
Section 25-10-12.3 – Reliance on foreign order–Immunity from liability.
25-10-12.3. Reliance on foreign order–Immunity from liability. A law enforcement officer may rely upon any foreign domestic violence protection order that has been provided to the officer by any source. The officer may make an arrest pursuant to §25-10-13 for any violation of the foreign order in the same manner as for violation of a […]
Section 25-10-12.4 – Presentment of false order or denial of service a misdemeanor.
25-10-12.4. Presentment of false order or denial of service a misdemeanor. Any person who intentionally provides a law enforcement officer with a copy of a foreign domestic violence protection order known by that person to be false, invalid, or not in compliance with the requirements of §25-10-12.1, or who, if served with such a protection […]
Section 25-10-12.5 – Affirmative defense.
25-10-12.5. Affirmative defense. Failure to satisfy any of the requirements of §25-10-12.1 is an affirmative defense to any prosecution for a violation of the foreign domestic violence protection order or any process filed seeking enforcement of the order in this state. Source: SL 2003, ch 148, §5.
Section 25-10-13 – Protection order–Violation–Penalty
25-10-13. Protection order–Violation–Penalty. If a temporary protection order or a protection order is granted pursuant to this chapter, if a foreign protection order is recognized pursuant to §25-10-12.1 or 25-10-25, or if a no contact order is issued pursuant to §25-10-23 or 25-10-25, and if the respondent or person restrained knows of the order, a […]