South Dakota § 25-10-5 Relief authorized on finding abuse--Time limitation.

South Dakota Statutes

§ 25-10-5 — Relief authorized on finding abuse--Time limitation.

South Dakota § 25-10-5

Title 25DOMESTIC RELATIONS

Ch. 25-9CPROTECTION FROM DOMESTIC ABUSE

This text of South Dakota § 25-10-5 (Relief authorized on finding abuse--Time limitation.) 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 § 25-10-5 (2026).

Text

Upon notice and a hearing, if the court finds by a preponderance of the evidence that domestic abuse has taken place, the court may provide relief as follows:

(1)Restrain any party from committing acts of domestic abuse;

(2)Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner;

(3)Award temporary custody or establish temporary visitation with regards to minor children of the parties;

(4)Establish temporary support for minor children of the parties or a spouse;

(5)Order that the abusing party obtain counseling;

(6)Order other relief as the court deems necessary for the protection of the person to whom relief is being granted, including orders or directives to a sheriff or constable. Any relief granted by the order

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Upon notice and a hearing, if the court finds by a preponderance of the evidence that domestic abuse has taken place, the court may provide relief as follows: (1) Restrain any party from committing acts of domestic abuse; (2) Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner; (3) Award temporary custody or establish temporary visitation with regards to minor children of the parties; (4) Establish temporary support for minor children of the parties or a spouse; (5) Order that the abusing party obtain counseling; (6) Order other relief as the court deems necessary for the protection of the person to whom relief is being granted, including orders or directives to a sheriff or constable. Any relief granted by the order for protection shall be for a fixed period and may not exceed five years. If any minor child resides with either party, the court shall order that the restrained person receive instruction on parenting approved or provided by the Department of Social Services as part of any relief granted.

Legislative History

SL 1981, ch 198, § 5; SL 1984, ch 191, § 2; SL 1988, ch 205, § 2; SL 1994, ch 208, § 3; SL 1998, ch 162, § 4; SL 2008, ch 132, § 1; SL 2014, ch 125, § 5.