How To Get A Restraining Order In South Dakota

A restraining order in South Dakota (called a protection order) is a court-issued directive designed to protect individuals from harassment, stalking, domestic abuse, or threats of violence. These orders limit contact between a petitioner requesting protection and the respondent who allegedly poses a threat by establishing legal physical boundaries. A court may issue a restraining order when the petitioner has been a victim of harassment or faces credible risk of bodily harm, violence, abuse, assault, or death.

South Dakota restraining orders are governed by state statutes under South Dakota Codified Laws SDCL Chapter 25-10 (for domestic abuse) and SDCL Chapter 22-19A (for stalking and physical harm).

Legal filings and outcomes related to restraining orders are often documented in South Dakota civil court records.

Types Of Restraining Orders in South Dakota

South Dakota courts issue several types of restraining and protection orders based on the nature of the conduct and the relationship between the parties. The most commonly issued protection orders in South Dakota are:

• Domestic Abuse Protection Orders: Available to individuals who have been physically harmed or threatened by a spouse, partner, former partner, or household member.
• Stalking Protection Orders: Issued in cases outside of familial or domestic relationships where the victim faces repeated following, unwanted contact, monitoring, or other forms of harassment.
• Vulnerable Adult Protection Order: Designed for adults over 65 years or disabled to protect them from abuse, neglect, or financial exploitation by caregivers or family members.

Are Restraining Orders Public Record In South Dakota?

Yes, South Dakota restraining orders are generally considered part of the public court record, per the state's Public Records Laws and Court-Record Access Rules, which confirm that records, including court documents, are open for public inspection unless specifically exempted or sealed. This means that aside from the parties to the case and their legal representatives, other members of the public, including employers and landlords, may request to view restraining order case files by petitioning the clerk of court or using other court records access tools.

However, in compliance with South Dakota's court records access rules (SDCL 15-15A-8), courts may redact certain personal and confidential information, including social security numbers, financial information, employer or tax identification information, and the names of assault victims, among others. Moreover, criminal protection order cases involving juveniles are confidential and cannot be accessed through the state's Public Access Record System portal.

How To Lookup Restraining Orders In South Dakota

Interested parties may look up South Dakota court records, including restraining orders, through the clerk of courts in the county where the order was issued or via the Public Access Record Search (PARS) online. Access may be limited depending on whether the case is sealed or if the requester is not a party to the case, as in juvenile cases.

Can You Look Up a Restraining Order Online?

Yes, in South Dakota, members of the public can search for protection or restraining court orders online through the Unified Judicial System (UJS) Public Access Record Search (PARS) platform. Search criteria include a last name and date of birth.

Researchers should note the following when using the PARS:

• Each search submitted through the PARS costs $20. Researchers may either visit the site as guests or register an account.
• The Public Access Record Search platform provides requesters with docket summaries for domestic protection orders, stalking protection orders, foreign protection orders, and criminal violation of protection orders. The open court records referenced in these summaries can be viewed or printed from any courthouse's public access computer terminals in South Dakota.
• The visibility of restraining order information online may vary. In some cases, access is limited to docket entries and basic case status. Additionally, specific protection orders, especially those involving minors, may not be visible through public web searches.
• To obtain a statewide court record information summary, researchers may submit a Statewide Criminal Records Request Form, Statewide Civil Records Request Form, or Statewide Civil and Criminal Records Request Form if they are not named in the case. Parties named in the case or their legal representatives may use the No-Fee Records Request Form.

How To File A Restraining Order In South Dakota

To initiate a restraining order in South Dakota, the petitioner should observe these steps:

• Select the Appropriate Order Category

Determine whether the situation qualifies as domestic abuse, stalking, sexual assault, or another eligible category and the type of protection order that applies.

• Obtain and Complete Relevant Forms

Obtain relevant forms by visiting the local court clerk's office or downloading them from the South Dakota Unified Judicial System website. One may also obtain forms from some local shelters or advocacy centers.

• Submit Completed Forms

After completing the forms, the petitioner must submit them along with supporting affidavits to the clerk of the circuit court of the county where they reside or where the incident occurred. If there is an ongoing divorce or custody proceedings between both parties, the same judge may be assigned to handle the protection order. Upon submission, the judge will review the petition and decide whether to deny the request, issue an order, or schedule a hearing date for a permanent one. The petitioner may request a temporary protection order (ex-parte) pending the hearing date.

• Attend The Hearing

At the scheduled hearing, the petitioner or their legal representative must prepare to attend and present evidence or witnesses to support their case. Then the judge will decide whether or not to issue the protection order and specify its duration (maximum of five years). If a protection order is granted, the clerk will forward copies to the sheriff's office to serve the respondent, and both parties must follow its terms.

Can You File A Restraining Order For No Reason In South Dakota?

No. South Dakota law does not allow restraining orders to be issued without valid cause. Petitioners must provide the court with evidence supporting "probable cause" or "reasonable proof" for Domestic Abuse Protection Orders (SDCL § 25-10-3), Stalking Protection Orders (SDCL § 22-19A-8), and Sexual Assault Protection Orders (SDCL § 22-22-24.3).

What Proof Do You Need For A Restraining Order In South Dakota?

Individuals seeking a restraining order in South Dakota must provide specific evidence based on the type of order and whether it is temporary or permanent.

Temporary Protection Orders (Ex Parte Orders)

A temporary protection order may be granted without notifying the other party if the petitioner shows they are in immediate danger. To qualify, the person filing must submit a sworn petition or affidavit describing recent acts of abuse, threats, or stalking. Acceptable proof includes an affidavit, detailed incident descriptions, threatening messages, photographs of injuries, police reports, or log of contact attempts. The judge must find probable cause to believe the petitioner is at risk.

Permanent Protection Orders

A permanent order is only granted after a court hearing has taken place. Using the "preponderance of the evidence" standard which means the petitioner must show that it is more likely than not that the abuse or harassment occurred, the petitioner must provide a sworn testimony, witness statements, supporting medical records, police records, digital evidence such as texts, photos, recordings, and surveillance footage, as well as copies of prior court filings, including previous orders or criminal complaints.

How Long Does It Take To Get A Restraining Order In South Dakota?

Per SDCL 25-10-6, a court may issue temporary protection orders on the same day if the judge believes that harm may come to the petitioner before the scheduled hearing date. After the temporary order is issued, a full court hearing must typically be scheduled within 30 days, per SDCL § 25-10-7. The timeline may vary depending on local court availability, the court's docket, or complications in serving the respondent. However, if the hearing is not feasible within this timeframe, the judge may extend the temporary order.

How Long Does A Restraining Order Last In South Dakota?

The duration of restraining orders in South Dakota depends on the type of order and the court's judgment. Temporary orders typically last until the full court hearings, which is a maximum of thirty days from the issuance date (unless the court grants a continuance "for good cause" (SDCL § 22-19A-12). Final protection orders, issued after a full hearing, may remain in effect for up to five years (SDCL 22-19A-11). However, courts may set shorter or conditional expiration dates based on the circumstances.

Before the expiration of a final order, petitioners may file a request for renewal. Courts evaluate the request based on evidence of continued risk, such as repeat contact, new threats, or violations of the original order. If no renewal is filed, the order expires automatically on the stated end date.

How Much Does A Restraining Order Cost in South Dakota?

Filing for a protection or restraining order in South Dakota generally does not require the petitioner to pay filing fees or service fees, particularly in cases involving domestic violence (SDCL § 25-10-4), stalking (SDCL § 22-19A-10), and sexual assault).

However, other expenses may apply, such as attorney fees (if the petitioner hires an attorney), copying fees (for certified copies of court documents), which may cost around $0.25–$1.00 per page depending on the county, and a $20.00 search fee which only applies if the party requests it from the (PARS) system for verification.

Low-income petitioners can request fee waivers (SDCL § 16-2-29.2) by completing a financial affidavit of inability to pay (SDCL § 16-2-29.3). Additionally, many domestic violence advocacy groups offer assistance with paperwork and help cover costs through state or federal victim support grants.

Can You Cancel A Restraining Order In South Dakota?

Yes. A restraining order in South Dakota may be canceled or modified by court order upon request from either party. To initiate the process, the petitioner or respondent must file a Motion to Modify or Dismiss with the same court that issued the original order. This motion must explain the reason for the request and confirm whether both parties agree to the change.

After the motion is filed, the court will schedule a hearing. The opposing party must receive proper notice of the hearing and be given a chance to respond. The judge will review the request and evaluate whether dismissal is appropriate. If granted, the court issues an order dismissing or amending the protection order. If the request is denied, the order remains in effect. The outcome is documented in the updated case record. It is essential to note that only the state that issued the original protection order can change, extend, or dismiss it.