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.
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.
Section 25-10-12 – Delivery of order to law enforcement agencies.
25-10-12. Delivery of order to law enforcement agencies. The petitioner may deliver an order for protection granted pursuant to this chapter within twenty-four hours to the local law enforcement agency having jurisdiction over the residence of the petitioner. Each appropriate law enforcement agency shall make available to other law enforcement officers information as to the […]
Section 25-10-12.1 – Enforcement of foreign protection orders–Requirements.
25-10-12.1. Enforcement of foreign protection orders–Requirements. Any domestic abuse protection order, or any stalking or physical violence protection order, issued by a court of competent jurisdiction of another state, Indian tribe, the District of Columbia, or a commonwealth, territory, or possession of the United States is enforceable as if the order was issued by a […]
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 […]