## Domestic violence protective orders in South Dakota If you're being abused, threatened, or stalked by a current or former partner — or another household member — you can ask a South Dakota court for a protective order that legally prohibits the abuser from contacting you, coming near you, or possessing firearms. ### What South Dakota calls it Domestic Abuse Protection Order. ### How long the order lasts Up to 5 years (renewable). ## The two-stage process Most states issue protective orders in two steps: **1. Emergency / temporary / ex parte order.** You petition the court alone (the abuser isn't notified yet). If the judge finds reason to believe abuse occurred, they issue a short-term order that takes effect IMMEDIATELY. Typical duration: 14-21 days. **2. Final / plenary / extended order.** A formal hearing follows where the abuser can appear and contest. If the court finds abuse by a preponderance of the evidence, it issues the longer-term order described above. Most petitioners can file without an attorney — court clerks usually have forms and victim advocates help with preparation. ## Who qualifies as a "protected party" Most states extend domestic-violence orders to: - Current or former spouses - Current or former dating/intimate partners - Co-parents (sharing a child) - Family members by blood or marriage - Roommates / household members in some states Strangers and acquaintances usually require a different legal mechanism — civil harassment orders, anti-stalking orders, or workplace violence orders depending on state. ## What the order can do Common provisions in a protective order: - **No contact** — no phone, text, email, social media, third-party messaging - **Stay away** from home, workplace, school (specific distance like 100-500 feet) - **Move out** of a shared residence - **Surrender firearms** (federal law BARS firearm possession by anyone subject to a qualifying domestic-violence protective order under 18 U.S.C. § 922(g)(8)) - **Temporary custody and parenting time** for any shared children - **Temporary support** (child or spousal) - **Pet protection** in many states - **No new accounts in the petitioner's name** - **Counseling or batterer's intervention program** for the respondent ## Violation of a protective order Violating a protective order is a CRIME in every state — usually a misdemeanor on a first offense, often a felony on subsequent violations or with aggravators (weapon, injury, child present). Victims can also file civil contempt motions for damages and seek modifications. ## What protective orders cannot do - They don't automatically grant divorce, permanent custody, or property division — those need separate court orders - They don't physically stop the abuser — police enforce, but a piece of paper is not a shield - They don't always work for every kind of abuse — financial control, emotional abuse, or coercion may not meet the legal threshold even though they're harmful Many domestic-violence advocates encourage protective orders as ONE part of a broader safety plan — including a lawyer, a therapist, a safety network, and (when needed) a relocation plan. ## What you should do If you're in immediate danger, call 911. To file a protective order in South Dakota, contact your county courthouse, a local domestic-violence hotline, or a victim-advocacy organization — most provide free help with paperwork and accompany petitioners to court. The National Domestic Violence Hotline (1-800-799-7233) can connect you with local resources. Most South Dakota family-law attorneys handle protective-order cases on a flat-fee basis when private representation makes sense. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Protective-order law has many edge cases (mutual orders, false allegations, modifications, immigration consequences for non-citizen respondents). Talk to a licensed South Dakota family-law attorney about your specific situation.*