Restraining Orders

There are two types of protection orders against domestic abuse available in South Dakota:

Temporary Orders. A temporary protection order is granted on an emergency basis. You must be able to show the judge that you face immediate injury, loss or damage unless the order is granted. A judge can grant you a temporary ex parte order even if the abuser does not know you are requesting it. An ex parte temporary protection order is effective for a period of thirty days (until the court hearing on your final protection order) unless the judge believes there is “good cause” to grant a continuance for another thirty days. Note: A continuance can be for longer than thirty days if the parties agree or if law enforcement cannot find the respondent to serve him/her with the ex parte protection order. If a continuance is granted, the court must extend the ex parte temporary protection order until the rescheduled hearing date.¹

Final Protection Orders. You must attend a court hearing to be awarded a final protection order. The abuser will also be able to attend the hearing. You will both have a chance to tell the judge your side of the story. A final protection order can last for up to five years.²

¹ SDCL §§ 25-10-6; 25-10-7
² SDCL § 25-10-1