Get Answers to Your Highest Priority South Dakota Legal Questions
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In South Dakota, what happens if a Protection Order is violated?
In South Dakota, a violation of a Protection Order is a crime which is punishable by up to one year in the county jail, a $2000.00 fine, or both
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When does a South Dakota Protection Order become enforceable?
In South Dakota, a Protection Order becomes enforceable by criminal prosecution as soon as it is served on the Respondent.
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In South Dakota, what does a Protection Order actually do?
In South Dakota, a Protection Order will order the Respondent to refrain from all acts of domestic abuse and may order the Respondent to move from the dwelling house which the parties share and to stay away from the residence. The Protection Order may order the abuser to stay away from your workplace as well.
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Does a South Dakota judge hold a hearing on my request for a Protection Order?Yes. Whether or not you are granted an "ex parte" Temporary Protection Order, the judge will schedule a hearing on your petition for an Order of Protection. At this hearing, the judge will listen to both you and the Respondent and if the Court finds by a preponderance of the evidence that domestic abuse has taken place, the Court will issue an Order of Protection. You must attendthis hearing. You should bring with you any additional evidence of the abuse, such as witnesses, photos and medical records, etc
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In South Dakota, when can a judge issue an "ex parte" Protection Order?
A South Dakota judge may grant an "ex parte" Protection Order if it appears that there is an immediate and irreparable danger that the Respondent will physically abuse you or threaten to physically abuse you before the hearing can be held.
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In South Dakota, what is an "ex parte" Protection Order?
In South Dakota, an "ex parte" protection order is an order issued by a judge giving you the protection you ask for without giving the Respondent an opportunity to tell his or her side of the story.
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Are court fees required to file a South Dakota Protection Order?
No. Under South Dakota law, there are no filing fees or service fees associated with the obtaining of a protection order
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Where can I find the South Dakota Protection Order forms?
You may obtain forms to apply for a Protection Order from the Clerk of Courts in the county where you live or they may be obtained on-line at the South Dakota Unified Judicial System website - www.ujs.sd.gov.
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Who is a "family or household member" under South Dakota's Protection Order laws?Under South Dakota's Protection Order laws, a "family or household member" is defined as a spouse, former spouse, related persons, or people presently or in the past, living in the same household, or persons who have had a child together.
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What is a South Dakota Protection Order?
The South Dakota Domestic Abuse Act gives you a way to seek protection from another family or household member who has physically abused you or has threatned to physically abuse you.