The Swier Law Firm Family Law FAQs
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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Does South Dakota recognize common-law marriage?
No. In South Dakota, you must obtain a marriage license and enter into a legal marriage in order to be considered married.
Living together and taking the same name don't create a common-law marriage.
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In South Dakota, what happens if a "Stalking Protection Order" is violated?
In South Dakota, a violation of a "Stalking Protection Order" is a Class 1 misdemeanor punishable by up to one year in the county jail, a fine of $2000.00, or both.
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In South Dakota, what is the definition of "stalking"?
In South Dakota, "stalking" is defined as willfully, maliciously, and repeatedly following or harassing another person, making a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or willfully, maliciously, and repeatedly harassing another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication.
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In South Dakota, what is a "Stalking" Protection Order?
South Dakota law allows those who do not meet the definition of a "family or household member" to obtain a Stalking Protection Order. Under this legal device, the Petition must allege either stalking behavior, physical injury as a result of an assault, or a crime of violence.
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What should I do if my ex-spouse continues to violate a South Dakota Protection Order?
If your ex-spouse continues making prohibited contact with you, directly or indirectly, at your home, place of work, or any other place, after the Protection Order has been entered, contact 911 or your emergency police number for immediate assistance
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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.