How to Get a Protection Order in South Dakota

Who Can File

Any individual experiencing domestic violence, abuse, or threats from a partner, family member, or household member can file for protection. This includes spouses, former spouses, intimate partners, and close relatives who live together or have lived together.

Temporary Order & Full Hearing Process

First, you may request a Temporary Protection Order, which is a short-term order providing immediate safety until a full hearing takes place. Once the order is issued, it must be served to the person named in the order to inform them officially. A Full Hearing is then scheduled, where both parties present evidence and testimony for a judge to determine whether a longer-term protection order is appropriate.

Types of Protections

• Restraining the abuser from contact or communication
• Ordering the abuser to leave the shared residence
• Preventing abuse or threats toward children or other family members
• Granting temporary custody or visitation arrangements
• Prohibiting possession or access to firearms

Duration Overview

Protection orders typically last from several months up to several years depending on jurisdiction and case circumstances. Temporary orders provide immediate relief, generally lasting until the full hearing, where a judge may grant longer-term protection based on the evidence presented.

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