Domestic Violence & Police Response in South Dakota
What survivors may expect when SPD or local police respond to DV calls.
Understanding Police and Legal Responses in Domestic Violence Cases
Police Response Process
When police are called to a domestic violence situation, they typically arrive to assess the scene and ensure immediate safety. Officers gather information by speaking with those involved and any witnesses. They document observations and collect evidence relevant to the incident. Their role includes determining if a crime has occurred and whether intervention such as arrest is appropriate according to local laws.
Arrest vs Report
An arrest occurs when police take an individual into custody based on probable cause that they committed a crime. This may happen at the scene if evidence supports it. A report, on the other hand, is a written account the police create to document the incident. Reports can be filed with or without an arrest, depending on the circumstances and available proof.
Prosecutor Involvement
Prosecutors review police reports and decide whether to pursue criminal charges. They handle the case in court and represent the state’s interest in seeking justice. Their involvement starts after the initial police response and is separate from victim participation, though victims may be asked for testimony or statements.
No-Contact Orders
No-contact orders are legal directives that prohibit contact between certain individuals, often issued to protect someone who reports abuse. These orders can be temporary or longer-term and may include restrictions on communication, proximity, and physical interaction. Violating a no-contact order can have legal consequences.