## Restraining-order violations in South Dakota Violating a court-issued protective / restraining order is a separate crime from the underlying conduct that triggered the order. South Dakota treats violations seriously — even technical violations can lead to arrest + jail. ## Types of orders **Civil protective orders:** - Domestic violence protection (most common) - Civil harassment / stalking orders - Workplace violence orders (employer-initiated) - Elder/dependent abuse orders - Child protection orders **Criminal orders:** - No-contact orders (issued at arraignment) - Stay-away orders (specific locations) - Bond conditions - Probation conditions - Conditions of release **Effect of all:** restraints on contact / proximity / communication. ## What constitutes violation **Common violations:** - **Direct contact** — calling, texting, emailing, in-person - **Indirect contact** — through third parties - **Social media** — DMs, tags, comments, viewing - **Physical proximity** — being at protected location - **Following** — even at distance - **Showing up at work / school** - **Sending gifts / flowers / letters** - **Going to children's events** (when restrained from) - **Drive-bys** — even passing without contact - **Failing to leave when ordered** - **Destroying property within order** - **Failing to surrender firearms** (often required) **Even "good intentions" violations:** - Sending child support - Returning property - Apologizing - Asking to reconcile - Coordinating logistics **ALL VIOLATIONS — regardless of intent.** ## Penalties for violation **First violation:** - Typically misdemeanor - 0-1 year in jail - Fines $500-$5,000 - Probation - Treatment requirements - Mandatory minimum sometimes **Repeat / aggravated:** - Felony in many states - 1-5+ years prison - Higher fines - Mandatory minimum jail - Enhanced sentencing **Aggravating factors:** - Multiple violations - Violence during violation - Weapons involved - Children present - Stalking pattern - Prior similar offenses - Out-of-state travel (federal jurisdiction) **${s.name}-specific:** - Specific statutory penalties - ${s.name} enhancement provisions - ${s.name} mandatory minimums ## Federal consequences **Beyond state penalties:** **Federal Lautenberg Amendment:** - Cannot possess firearms - Subject of qualifying DV protective order - 18 USC § 922(g)(8) - Felony to possess any firearm - Up to 10 years federal prison **Federal interstate violations:** - 18 USC § 2262 - Crossing state lines while under order - Up to 10 years prison - Plus state charges **United States v. Rahimi (2024):** - Supreme Court upheld 922(g)(8) as constitutional - Domestic-violence-order firearm ban survives Bruen - Specific to credible threats ## Arrest procedures **Most violations are mandatory arrest:** - Probable cause sufficient - Officer's discretion limited - Even "minor" violations - ${s.name} mandatory-arrest laws - Officer must read / verify order before arrest **Police response:** - Verify protective order in database (NCIC / state registry) - Confirm respondent is named party - Confirm violation occurred - Document evidence - Arrest if probable cause ## Defenses **Common defenses:** **1. No knowledge of order:** - Order not properly served - Service issues - Limited but possible defense - Once served, typically waived **2. Misidentification:** - Wasn't the violator - Mistaken identity - Surveillance video / alibis **3. False allegations:** - Petitioner fabricated violation - Petitioner initiated contact - Petitioner consented - Specific evidence required **4. Petitioner-initiated contact:** - Generally NOT a defense (you're the restrained one) - Even if invited, must not respond - Better to seek modification of order - Some states recognize "mutual contact" defense **5. Necessity / emergency:** - Limited applicability - Imminent harm to children - Life-threatening emergencies - Should still call 911 instead **6. Vague order:** - Unclear restrictions - Constitutional vagueness - Limited success **7. Order not in effect:** - Expired order - Modified order (less restrictive) - Dismissed order - Subsequent order superseded ## Critical do-nots **For someone under restraining order:** - DON'T contact petitioner directly or indirectly - DON'T have third parties contact petitioner - DON'T respond if petitioner contacts you - DON'T go near protected locations - DON'T post about petitioner online - DON'T view petitioner's social media - DON'T pass by their location - DON'T attend mutual events - DON'T contact mutual friends about petitioner - DON'T tag, comment, or interact online - DON'T send gifts / letters / messages - DON'T discuss case with potential witnesses ## What to do if petitioner makes contact **Even if petitioner contacts you:** 1. **Don't respond** 2. **Document the contact** (screenshots, photos, dates) 3. **Tell your attorney** 4. **Tell police if needed** 5. **Petition court** to modify or terminate order 6. **Don't engage** even briefly **Petitioner can also be punished** in many states for inducing violation. ## Modifying / terminating orders **Better than violating:** - File motion to modify - File motion to dissolve - Show changed circumstances - Court hearing required - Both parties heard **Common reasons for modification:** - Reconciliation (rare but happens) - Children's needs - Logistical needs - Time elapsed - Treatment completed - No further incidents ## Evidence in violation cases **Prosecution typically uses:** - Petitioner testimony - Phone records (call logs, texts) - Email records - Social media posts / messages - Surveillance video - Witness testimony - Defendant's prior statements - Cell phone location data - License plate readers - Body-worn camera footage ## Strategic considerations **If charged with violation:** - Hire criminal defense attorney IMMEDIATELY - Don't talk to police without attorney - Don't talk to petitioner under any circumstances - Document everything (your activities, alibi) - Preserve evidence (texts, location data) - Comply with order strictly - Don't contact petitioner about case - Don't post about case online **If multiple counts:** - Each contact = separate count - Multiple counts = enhanced penalties - Plea-bargaining options ## Long-term consequences **Beyond immediate penalties:** - Permanent firearm prohibition (DV) - Employment background checks - Housing applications - Professional licenses - Immigration consequences (LPRs / non-citizens) - Custody / visitation effects - Civil liability for harassment - Restraining order extensions - Cumulative criminal record ## What you should do If you've been charged with violating a restraining order in South Dakota: hire criminal defense counsel IMMEDIATELY — don't talk to police or petitioner. Most South Dakota criminal defense attorneys handle these cases. If you're under a restraining order: comply strictly + petition for modification rather than violate. Even technical violations bring significant consequences. --- *This guide is general information about South Dakota + federal law as of mid-2026 and is not legal advice. Restraining-order violations are serious. Talk to a licensed South Dakota criminal defense attorney about your specific situation.*