South Dakota § 25-10-35 Arrest of person for abuse--Considerations.

South Dakota Statutes

§ 25-10-35 — Arrest of person for abuse--Considerations.

South Dakota § 25-10-35

Title 25DOMESTIC RELATIONS

Ch. 25-9CPROTECTION FROM DOMESTIC ABUSE

This text of South Dakota § 25-10-35 (Arrest of person for abuse--Considerations.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 25-10-35 (2026).

Text

If the officer has probable cause to believe that persons in a relationship as defined in § 25-10-3.1 have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the predominant physical aggressor. In making this determination, the officer shall make every reasonable effort to consider:

(1)The intent to protect victims of domestic abuse under this chapter;

(2)The comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (3) The history of domestic abuse between the persons involved.

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If the officer has probable cause to believe that persons in a relationship as defined in § 25-10-3.1 have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the predominant physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (1) The intent to protect victims of domestic abuse under this chapter; (2) The comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (3) The history of domestic abuse between the persons involved.