Getting Relief From Domestic Violence in South Dakota

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Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most follow when dealing with issues of domestic violence. 

 

Domestic Violence Protection Order

 

South Dakota law defines domestic violence as any cause or attempt to cause physical harm to you by a family or household member.  The court will examine the relationship between you and the alleged abuser and make a determination as to whether or not your case is to be considered domestic violence.

 

South Dakota law provides for a domestic violence order of protection for victims of domestic abuse.  There are two types of orders – a temporary protection order and a final protection order.  A temporary order may be given to you on the day you file for an order of protection.  It is a short term order to protect you until your final hearing, which will take place within 30 days of filing.  A final order cannot be issued until the alleged abuser is given a chance to recount his or her side of the story.  The temporary order will be issued for the length of time that you have to wait until your hearing.

 

After you file your petition, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are each given a chance to present your respective sides of the story, the judge will decide whether or not to issue a final order of protection.  If your petition is granted, it can run up to five years, though you may file for an extension prior to its expiration.

 

If, after your hearing, you are granted a domestic violence order of protection, it will likely order the abuser not to engage in any activity defined above as “domestic violence” by South Dakota law; to have no contact with you; to move out (and continue mortgage payments if appropriate) if you live together; to turn in any firearms and ammunition to law enforcement; and to not have contact with your children or any other necessary party.  You may also be given custody of the children for up to 120 days, after which there will be a hearing to determine a more final solution.  The specifics of these provisions, as well as any other that the court deems necessary to protect you and your children will depend on the facts surrounding the case.

 

Finding Domestic Violence Resources

 

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

 

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

 

Resources for residents of South Dakota who have been victims of domestic violence can be found here.