South Dakota Codified Laws 25-10-5.2. Restrictions on issuance of mutual orders for protection against abuse
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No court may, pursuant to the provisions of § 25-10-5, issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless:
(1) Both the petitioner and the respondent personally appear;
Terms Used In South Dakota Codified Laws 25-10-5.2
- 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.
(2) The respondent alleges, under oath, the existence of domestic abuse by stating the specific facts and circumstances of the domestic abuse;
(3) The court finds, by a preponderance of the evidence, that domestic abuse has taken place.
Source: SL 1996, ch 169.