Restrictions on issuance of mutual orders for protection against abuse
Known as the Protection from Domestic Abuse Act
The act spans §§ 25-10-1 to 25-10-9 (55 sections).
Applied in 1 court decision — leading case Blair-Arch v. Arch (2014)
Most recently applied in Blair-Arch v. Arch (December 2014)
Source: SL 1996, ch 169.
No court may, pursuant to the provisions of § 25-10-5, issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless:
(1) Both the petitioner and the respondent personally appear;
(2) The respondent alleges, under oath, the existence of domestic abuse by stating the specific facts and circumstances of the domestic abuse;
(3) The court finds, by a preponderance of the evidence, that domestic abuse has taken place.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.