How to Get a Restraining Order in South Dakota
In South Dakota these are called Protection order (domestic abuse protection order; also stalking/physical injury and vulnerable adult protection orders). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for South Dakota
- Emergency / temporary orders
- If your affidavit shows immediate and irreparable harm will happen before the respondent can be heard, the judge can grant an ex parte temporary protection order, which can bar abuse and remove the respondent from your home. SDCL 25-10-6, 25-10-7, 25-10-7.1
- How long an order lasts
- A protection order is for a fixed period of up to 5 years. Either party can ask the court to modify it. SDCL 25-10-1(2), 25-10-5, 25-10-10
- Where to ask
- File in circuit court or magistrate court in a county where either party lives. Forms are available from the county clerk of courts (and many shelters or advocacy centers); the UJS also offers an online form-drafting tool. SDCL 25-10-2, 25-10-3, 25-10-9; UJS Protection Orders page
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | South Dakota courts issue domestic abuse protection orders (under the Protection from Domestic Abuse Act), stalking/physical injury protection orders (for people outside the listed relationships), and vulnerable adult protection orders (people 65+ or adults with a disability). Each has a temporary (ex parte) and a longer protection order. |
|---|---|
| Who can ask for an order | For a domestic abuse order: a spouse or former spouse; someone in a significant romantic relationship now or within the past 12 months; someone who has or is expecting a child with the abuser; parent and child (including by adoption, guardianship or marriage); and siblings (including half, adoptive or step). People outside these relationships may seek a stalking/physical injury protection order instead. Source: SDCL 25-10-3.1, 25-10-3.3 |
| Where to ask | File in circuit court or magistrate court in a county where either party lives. Forms are available from the county clerk of courts (and many shelters or advocacy centers); the UJS also offers an online form-drafting tool. Leaving your home to avoid abuse does not affect your right to apply. After-hours filing options were not stated on the pages read. |
Emergency orders and the hearing
| Emergency / temporary orders | If your affidavit shows immediate and irreparable harm will happen before the respondent can be heard, the judge can grant an ex parte temporary protection order, which can bar abuse and remove the respondent from your home. It lasts 30 days (it can be extended, for example if police cannot find the respondent to serve them), and stays in effect until a later protection order is served. Source: SDCL 25-10-6, 25-10-7, 25-10-7.1 |
|---|---|
| Serving the order | When a judge signs an order, the clerk gives copies to the sheriff's office to serve the respondent. Ex parte orders must be served without delay, even on Sundays or holidays, and the serving agency notifies you once served if you gave contact information. |
| The court hearing | The court sets a hearing no later than 30 days after its order, unless continued for good cause. The respondent must be personally served at least 5 days before the hearing. The respondent does not have to attend; the judge can decide without them. |
| How long an order lasts | A protection order is for a fixed period of up to 5 years. Either party can ask the court to modify it. Renewal/extension rules were not stated in the chapter text read. |
What the order does
| What an order can require | After a hearing, the court can order the respondent to stop the abuse, exclude them from a shared home or your residence, set temporary custody or visitation, set temporary child or spouse support, order counseling, and give other relief needed for protection, including directions to the sheriff. If a minor child lives with either party, the restrained person must take a parenting course. Source: SDCL 25-10-5 |
|---|---|
| Firearms | In a domestic abuse case, the court may require the defendant to surrender any dangerous weapon or concealed pistol permit to local law enforcement. This section appears in the criminal-case provisions of the chapter; federal law may also restrict firearm possession under certain protection orders. Source: SDCL 25-10-24 |
| If the order is violated | Knowingly violating a temporary or final protection order is a Class 1 misdemeanor. It is a Class 6 felony if the violation also involves assault or stalking, and repeat violations within 10 years become felonies (Class 6 for a third, Class 5 for a fourth, Class 4 for a fifth or more). Source: SDCL 25-10-13 |
Children and privacy
| Minors and children | Domestic abuse orders cover parent-child and sibling relationships, and can set temporary custody of minor children. Whether a minor may file on their own, or how a parent files for a child, was not stated in the text read. Source: SDCL 25-10-3.1, 25-10-5 |
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Forms and help in South Dakota
- South Dakota courts: protective order help
- Official South Dakota protective order forms
- South Dakota Network Against Family Violence & Sexual Assault — 1-800-670-3989
- Free legal aid in South Dakota
South Dakota protective order FAQ
What kinds of protective orders are available in South Dakota?
South Dakota courts issue domestic abuse protection orders (under the Protection from Domestic Abuse Act), stalking/physical injury protection orders (for people outside the listed relationships), and vulnerable adult protection orders (people 65+ or adults with a disability). Each has a temporary (ex parte) and a longer protection order.
Who can get a restraining order in South Dakota?
For a domestic abuse order: a spouse or former spouse; someone in a significant romantic relationship now or within the past 12 months; someone who has or is expecting a child with the abuser; parent and child (including by adoption, guardianship or marriage); and siblings (including half, adoptive or step). People outside these relationships may seek a stalking/physical injury protection order instead.
Where do I file for a restraining order in South Dakota?
File in circuit court or magistrate court in a county where either party lives. Forms are available from the county clerk of courts (and many shelters or advocacy centers); the UJS also offers an online form-drafting tool. Leaving your home to avoid abuse does not affect your right to apply.
How fast can I get an emergency protective order in South Dakota?
If your affidavit shows immediate and irreparable harm will happen before the respondent can be heard, the judge can grant an ex parte temporary protection order, which can bar abuse and remove the respondent from your home. It lasts 30 days (it can be extended, for example if police cannot find the respondent to serve them), and stays in effect until a later protection order is served.
What happens at the restraining order hearing in South Dakota?
The court sets a hearing no later than 30 days after its order, unless continued for good cause. The respondent must be personally served at least 5 days before the hearing. The respondent does not have to attend; the judge can decide without them.
How long does a restraining order last in South Dakota?
A protection order is for a fixed period of up to 5 years. Either party can ask the court to modify it.
What can a protective order do in South Dakota?
After a hearing, the court can order the respondent to stop the abuse, exclude them from a shared home or your residence, set temporary custody or visitation, set temporary child or spouse support, order counseling, and give other relief needed for protection, including directions to the sheriff. If a minor child lives with either party, the restrained person must take a parenting course.
Does a protective order affect firearms in South Dakota?
In a domestic abuse case, the court may require the defendant to surrender any dangerous weapon or concealed pistol permit to local law enforcement.
How is a restraining order served in South Dakota?
When a judge signs an order, the clerk gives copies to the sheriff's office to serve the respondent. Ex parte orders must be served without delay, even on Sundays or holidays, and the serving agency notifies you once served if you gave contact information.
What happens if someone violates a protective order in South Dakota?
Knowingly violating a temporary or final protection order is a Class 1 misdemeanor. It is a Class 6 felony if the violation also involves assault or stalking, and repeat violations within 10 years become felonies (Class 6 for a third, Class 5 for a fourth, Class 4 for a fifth or more).
Can a minor get a restraining order in South Dakota?
Domestic abuse orders cover parent-child and sibling relationships, and can set temporary custody of minor children.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.