§ 25-10-1 Definitions
§ 25-10-2 Application for relief–Filing–Venue
§ 25-10-3 Petition for protection order–Procedure–Standard petition form
§ 25-10-3.1 Persons entitled to apply for protection order
§ 25-10-3.2 Factors for determining significant romantic relationship
§ 25-10-3.3 Petition for protection order in which allegations support stalking or physical injury rather than domestic abuse
§ 25-10-4 Hearing–Time–Service on respondent
§ 25-10-5 Relief authorized on finding abuse–Time limitation
§ 25-10-5.1 Counseling required for domestic abuse defendant placed on probation
§ 25-10-5.2 Restrictions on issuance of mutual orders for protection against abuse
§ 25-10-5.3 Court to require instruction in parenting as part of sentence in certain convictions–Exception
§ 25-10-6 Ex parte temporary protection order
§ 25-10-7 Limited duration of temporary order–Service on respondent–Notification of service to petitioner–Liability
§ 25-10-8 Security not required of petitioner–Exception
§ 25-10-9 Departure of petitioner from household not waiving right to relief
§ 25-10-10 Modification of order
§ 25-10-11 Real estate titles not affected
§ 25-10-12 Delivery of order to law enforcement agencies
§ 25-10-12.1 Enforcement of foreign protection orders–Requirements
§ 25-10-12.2 Filing of foreign violence protection order–Affidavit–Entry in database–Fee
§ 25-10-12.3 Reliance on foreign order–Immunity from liability
§ 25-10-12.4 Presentment of false order or denial of service a misdemeanor
§ 25-10-12.5 Affirmative defense
§ 25-10-13 Protection order–Violation–Penalty
§ 25-10-14 Citation of chapter
§ 25-10-16 Award of domestic violence program funds–Recipients–Restricted use–Administrative costs
§ 25-10-17.1 Persons convicted of crimes involving domestic abuse required to support domestic violence programs
§ 25-10-18 Guidelines for awarding domestic violence program funds
§ 25-10-21 Prohibited services
§ 25-10-22 Effect of divorce or other civil proceedings prior to criminal proceedings
§ 25-10-23 Conditional bond–Violation as misdemeanor
§ 25-10-24 Surrender of weapon or concealed pistol permit
§ 25-10-25 Convicted defendant prohibited from contacting victim
§ 25-10-28 Domestic violence or sexual assault shelters and service programs–Required services
§ 25-10-30 Promulgation of rules
§ 25-10-34 Domestic abuse charge to be indicated on summons, warrant, or judgment of conviction
§ 25-10-35 Arrest of person for abuse–Considerations
§ 25-10-36 Arrest of criminal suspect when responding to domestic abuse call
§ 25-10-36.1 Arrest of domestic abuse victim for outstanding warrant
§ 25-10-37 Domestic abuse record keeping
§ 25-10-38 Report of domestic abuse arrest forwarded to prosecutor–Victim to be notified of status of case
§ 25-10-39 Records of domestic abuse–Disclosure of victim’s location during pendency of action
§ 25-10-40 Restrictions on release of person charged with domestic abuse
§ 25-10-41 Conditions of release of person charged with domestic abuse
§ 25-10-42 Convicted child abuser or sex offender barred from adopting child
§ 25-10-43 Defendant prohibited from contacting victim prior to court appearance–Violation as misdemeanor
§ 25-10-44 Mental illness hold–Release
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Terms Used In South Dakota Codified Laws > Title 25 > Chapter 10 - Protection From Domestic Abuse

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Venue: The geographical location in which a case is tried.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2