South Dakota Codified Laws 25-10-5. Relief authorized on finding abuse–Time limitation
Upon notice and a hearing, if the court finds by a preponderance of the evidence that domestic abuse has taken place, the court may provide relief as follows:
(1) Restrain any party from committing acts of domestic abuse;
Terms Used In South Dakota Codified Laws 25-10-5
- Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner;
(3) Award temporary custody or establish temporary visitation with regards to minor children of the parties;
(4) Establish temporary support for minor children of the parties or a spouse;
(5) Order that the abusing party obtain counseling;
(6) Order other relief as the court deems necessary for the protection of the person to whom relief is being granted, including orders or directives to a sheriff or constable.
Any relief granted by the order for protection shall be for a fixed period and may not exceed five years.
If any minor child resides with either party, the court shall order that the restrained person receive instruction on parenting approved or provided by the Department of Social Services as part of any relief granted.
Source: SL 1981, ch 198, § 5; SL 1984, ch 191, § 2; SL 1988, ch 205, § 2; SL 1994, ch 208, § 3; SL 1998, ch 162, § 4; SL 2008, ch 132, § 1; SL 2014, ch 125, § 5.