Domestic Violence Protection Order - South Dakota

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

South Dakota requires the use of official Unified Judicial System forms. A petitioner files
the petition on form UJS-091A (Petition for Domestic Abuse Protection Order); after a
hearing the court issues the final order on form UJS-091F (Permanent Domestic Abuse
Protection Order). This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official forms before filing. The forms are available
at https://ujs.sd.gov/self-help/pro-se-forms/protection-order-domestic-forms/.
Do not file this document directly with the court.

IN THE [CIRCUIT / MAGISTRATE] COURT OF [COUNTY] COUNTY, SOUTH DAKOTA

Case No.: [CASE NUMBER]

DOMESTIC VIOLENCE PROTECTION ORDER

(Final Order After Hearing)

I. DOCUMENT HEADER

1. Parties
   a. Petitioner / Protected Party: [PETITIONER FULL LEGAL NAME]
   b. Respondent: [RESPONDENT FULL LEGAL NAME]
   c. Minor Children/Additional Protected Persons (if any): [LIST OR “None”]

2. Recitals
   a. On [DATE PETITION FILED], Petitioner commenced this action pursuant to S.D. Codified Laws §§ 25-10-1 et seq. (“SDCL”).
   b. An ex parte protection order was issued on [DATE] and duly served on Respondent on [DATE].
   c. A full adversarial hearing, duly noticed, was held on [HEARING DATE] before the undersigned Judge of this Court. Petitioner [appeared in person/by counsel]; Respondent [appeared/failed to appear].
   d. The Court, having reviewed the pleadings, considered sworn testimony, and being fully advised, finds by a preponderance of the evidence that Respondent committed “domestic abuse” as defined in SDCL § 25-10-1(1) and that issuance of a final protection order is necessary to prevent further abuse.

3. Effective Date & Term
   a. This Order is effective immediately upon entry and service.
   b. Unless otherwise modified or dissolved by the Court, it shall remain in effect until [EXPIRATION DATE – max. 5 years per SDCL § 25-10-5].

II. DEFINITIONS

For purposes of this Order:

“Domestic Abuse” means physical harm, bodily injury, or attempts to cause physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury, occurring between persons in a relationship described in SDCL § 25-10-3.1, per SDCL § 25-10-1(1). (Conduct amounting to stalking or physical injury outside that definition is addressed under SDCL § 25-10-3.3 and SDCL ch. 22-19A.)

“Protected Address” means any residential, school, or employment location specifically identified in Section III.3.

“Prohibited Contact” means any direct or indirect contact whatsoever, including but not limited to in-person, electronic, telephonic, written, third-party, or social-media contact.

“Firearm” has the meaning set forth in 18 U.S.C. § 921(a)(3).

III. OPERATIVE PROVISIONS

1. No Abuse or Harassment
   Respondent SHALL NOT commit, attempt, or threaten to commit any act of domestic abuse against Petitioner or any other Protected Person.

2. Prohibited Contact
   Respondent SHALL HAVE NO PROHIBITED CONTACT with the Protected Persons at any time or place, except as expressly allowed herein.

3. Stay-Away Requirement
   Respondent shall remain at least [500] feet from each Protected Person and each Protected Address, including the curtilage thereof, except as otherwise authorized by subsequent, written order of this Court.

4. Exclusive Possession of Residence
   a. Petitioner is granted exclusive possession of the shared residence located at [FULL ADDRESS].
   b. Law enforcement is directed to accompany Petitioner, upon request, to retrieve personal effects belonging to Petitioner and any minor children.

5. Custody & Parenting Time (if applicable)
   a. Temporary custody of the minor child(ren) is awarded to [PARENT].
   b. Any visitation shall occur only as detailed in Attachment A (Supervised Parenting Plan), incorporated herein by reference.

6. Firearms & Ammunition Surrender
   a. If the Court orders surrender under SDCL § 25-10-24, Respondent shall surrender [SPECIFIED DANGEROUS WEAPONS AND/OR CONCEALED PISTOL PERMIT] in Respondent's possession to [LOCAL LAW-ENFORCEMENT AGENCY] by [COURT-ORDERED DEADLINE]. If surrender is not ordered, delete this paragraph.
   b. Respondent shall provide proof of surrender [ONLY IF AND AS DIRECTED BY THE COURT].

7. Financial Support (optional)
   Respondent shall pay temporary support in the amount of $[AMOUNT] per [week/month] commencing [DATE] and continuing for the duration of this Order or until modified.

8. Counseling / Batterers’ Intervention
   Respondent is ordered to enroll in and complete [NAME OF PROGRAM] within [TIMEFRAME] and provide proof of enrollment to the Court and Petitioner’s counsel.

9. Law-Enforcement Assistance
   Any South Dakota law-enforcement officer is authorized to take all lawful actions necessary to enforce this Order, including a mandatory warrantless arrest where the terms of this Order prohibiting acts or threats of abuse or excluding Respondent from a residence have been violated (SDCL § 23A-3-2.1).

10. Service & Entry into NCIC
    The Clerk shall:
    a. Serve certified copies of this Order on Respondent forthwith; and
    b. Transmit the Order to the appropriate law-enforcement agency for entry into the National Crime Information Center (“NCIC”) Protection Order File.

IV. FINDINGS, REPRESENTATIONS & WARRANTIES

1. Jurisdiction & Venue
   The Court finds it has subject-matter jurisdiction over this protection-order proceeding, which may be brought in circuit court (or magistrate court) under SDCL § 25-10-2, and personal jurisdiction over Respondent. Venue is proper because a party to this proceeding resides in this County (SDCL § 25-10-2).

2. Due Process Compliance
   Respondent was provided notice and an opportunity to be heard consistent with the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

V. ENFORCEMENT, PENALTIES & REMEDIES

1. Criminal Penalties
   A violation of an order covered by SDCL § 25-10-13, when the restrained person knows of the order, is a Class 1 misdemeanor (up to one year in county jail and/or a $2,000 fine) under SDCL § 25-10-13 and § 22-6-2. If the conduct also violates SDCL § 22-18-1, § 22-18-1.1, or § 22-19A-1, the violation is a Class 6 felony. Under § 25-10-13, qualifying prior convictions or guilty pleas within ten years, and a current offense occurring after the second, can make a third offense a Class 6 felony, a fourth a Class 5 felony, and a fifth or later offense a Class 4 felony.

2. Civil & Contempt Remedies
   a. The Court expressly retains jurisdiction to enforce this Order by civil contempt proceedings, including incarceration, fine, or both.
   b. The Court may award attorney’s fees and costs to the prevailing party on any contempt motion.

3. Arrest Authority
   Law-enforcement officers shall arrest Respondent without a warrant where an order issued under SDCL ch. 25-10 protects the victim and its terms prohibiting acts or threats of abuse, or excluding Respondent from a residence, have been violated, pursuant to SDCL § 23A-3-2.1.

VI. DISPUTE RESOLUTION & MODIFICATION

1. Governing Law
   This Order is governed exclusively by the laws of the State of South Dakota.

2. Forum Selection
   Use the existing case number and current clerk or UJS filing instructions. Under SDCL § 25-10-10, modification requires an application, notice to all parties, and a hearing.

3. Modification Procedure
   Upon application, notice to all parties, and a hearing, the Court may modify the terms of this Order, as provided in SDCL § 25-10-10.

VII. GENERAL PROVISIONS

1. Severability
   Should any provision of this Order be found unenforceable, the remaining provisions shall remain in full force and effect.

2. Integration
   This document constitutes the entire protection order; no oral statements or prior writings shall modify its terms.

3. Copies
   The Clerk shall distribute copies of the signed Order as directed by the Court.

VIII. NOTICE TO RESPONDENT

1. Federal law prohibits possession of firearms and ammunition under 18 U.S.C. § 922(g)(8) only if this Order meets that section's conditions: actual notice and an opportunity to participate in the hearing, restraints concerning an intimate partner or a child described there, and a qualifying credible-threat finding or explicit force prohibition. Follow any surrender direction the Court includes in Section III.6.
2. Violation of any provision may result in immediate arrest, criminal prosecution, fines, and/or imprisonment.
3. Crossing state lines with the intent to violate this Order may subject you to federal prosecution under 18 U.S.C. § 2262.

IX. EXECUTION BLOCK

SO ORDERED this ___ day of __________, 20___, at [CITY], South Dakota.

____________________________________
Hon. [JUDGE NAME]
Circuit Court Judge, [JUDICIAL CIRCUIT] Circuit

ATTEST:
____________________________________
[CLERK NAME], Clerk of Court

(SEAL)

X. ACKNOWLEDGMENT OF SERVICE

I, [RESPONDENT NAME], acknowledge receipt of a certified copy of this Domestic Violence Protection Order on the date and time indicated below and understand its terms.

Date: ___________ Time: ___________
Respondent Signature: ___________________________

Witnessed by (Officer/Server): ___________________________