South Dakota Codified Laws 25-10-41. Conditions of release of person charged with domestic abuse
In determining the conditions of release under § 25-10-40, the court shall consider the following conditions and may impose any condition it considers reasonably necessary to protect the alleged victim of domestic abuse, including ordering the defendant:
(1) Not to subject the victim to further domestic abuse;
Terms Used In South Dakota Codified Laws 25-10-41
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) To vacate the home of the victim;
(3) Not to contact the victim other than through counsel;
(4) To engage in counseling;
(5) To refrain from the consumption of alcohol or the use of drugs;
(6) To post bond pursuant to § 25-10-23.
As used in this section, the term, domestic abuse, means a violation of § 22-18-1 or 22-18-1.1 if the victim is a person in a relationship described in § 25-10-3.1.
Source: SL 1985, ch 199, § 2; SDCL § 23A-43-4.2; SL 2002, ch 19, § 1; SL 2012, ch 145, § 1; SL 2014, ch 125, § 9.