How to Get a Protection Order in South Dakota
Survivor-focused explanation of South Dakota protection orders.
Understanding Protective Orders
Who Can File
Protective orders are available to individuals experiencing various forms of harm or threats. Typically, anyone who feels at risk due to domestic violence, harassment, stalking, or abuse can file for a protective order. This includes family members, intimate partners, and sometimes others connected to the situation. Eligibility may vary depending on local laws.
Process: Temporary Order, Service, and Full Hearing
- Temporary Order: After filing, a court may issue a temporary protective order quickly to provide immediate but short-term protection.
- Service: The temporary order must be officially delivered to the person it is against, so they are informed of the restrictions.
- Full Hearing: A follow-up court hearing is scheduled where both sides can present information. The judge then decides whether to grant a longer-term order.
Types of Protections
Protective orders can include various provisions intended to reduce risk. Examples may include:
- Ordering the respondent to stay away from the protected person’s home, workplace, or other locations
- Prohibiting contact through any means, including in person, phone, or electronic communication
- Granting temporary custody or visitation arrangements for children
- Restricting possession or use of firearms by the respondent
Duration Overview
The length of protective orders varies. Temporary orders often last days to weeks until the full hearing. Final protective orders can remain in effect for months or years based on the court’s decision and local rules. Renewal or modification may be possible if circumstances change.
Additional support options can be found through resources listed at DV.Support.