reglab/housing_qa huggingface dataset:
SD Codified L § 25-10-7 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-7 - Limited duration of temporary order--Service on respondent--Notification of service to petitioner--Liability.

25-10-7. Limited duration of temporary order--Service on respondent--Notification of service to petitioner--Liability.An ex parte temporary protection order is effective for a period of thirty days except as provided in §25-10-7.1 unless for good cause the court grants a continuance. No continuance may exceed thirty days unless the court finds good cause for the additional continuance and:(1)The parties stipulate to an additional continuance; or(2)The court finds that law enforcement is unable to locate the respondent for purposes of service of the ex parte protection order.If a continuance is granted, the court by order shall extend the ex parte temporary protection order until the rescheduled hearing date. The respondent shall be personally served without delay with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing. The ex parte order shall be served without delay under the circumstances of the case including service of the ex parte order on a Sunday or holiday. The law enforcement agency serving the order shall notify the petitioner by telephone or written correspondence when the order is served if the petitioner has provided to the law enforcement agency either a telephone number or address, or both, where the petitioner may be contacted. The law enforcement agency and any officer of the law enforcement agency is immune from civil and criminal liability if the agency or the officer makes a good faith attempt to notify the petitioner in a manner consistent with the provisions of this section. Source: SL 1981, ch 198, §7; SL 1986, ch 220, §1; SL 1994, ch 208, §4; SL 2000, ch 119, §2; SL 2004, ch 175, §1; SL 2005, ch 136, §1; SL 2009, ch 132, §1; SL 2016, ch 142, §1.
SD Codified L § 25-10-7.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-7.1 - Temporary order effective until order under § 25-10-5 served.

25-10-7.1. Temporary order effective until order under §25-10-5 served.If an ex parte temporary protection order is in effect and a judge issues a protection order pursuant to §25-10-5, the ex parte temporary protection order remains effective until the order issued pursuant to §25-10-5 is served on the respondent. Source: SL 2000, ch 119, §3.
SD Codified L § 25-10-8 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-8 - Security not required of petitioner--Exception.

25-10-8. Security not required of petitioner--Exception.The court may not require an undertaking or other security of any party to a petition for an order of protection other than in exceptional circumstances. Source: SL 1981, ch 198, §8.
SD Codified L § 25-10-9 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-9 - Departure of petitioner from household not waiving right to relief.

25-10-9. Departure of petitioner from household not waiving right to relief.A person's right to apply for relief under this chapter may not be affected by the departure of that person from the residence or household to avoid abuse. Source: SL 1981, ch 198, §9.
SD Codified L § 25-10-10 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-10 - Modification of order.

25-10-10. Modification of order.Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. Source: SL 1981, ch 198, §10.
SD Codified L § 25-10-11 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-11 - Real estate titles not affected.

25-10-11. Real estate titles not affected.No order issued pursuant to this chapter may affect title to real estate. Source: SL 1981, ch 198, §11.
SD Codified L § 25-10-12 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-12 - Delivery of order to law enforcement agencies.

25-10-12. Delivery of order to law enforcement agencies.The petitioner may deliver an order for protection granted pursuant to this chapter within twenty-four hours to the local law enforcement agency having jurisdiction over the residence of the petitioner. Each appropriate law enforcement agency shall make available to other law enforcement officers information as to the existence and status of any order for protection issued pursuant to this chapter. Source: SL 1981, ch 198, §12.
SD Codified L § 25-10-12.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-12.1 - Enforcement of foreign protection orders--Requirements.

25-10-12.1. Enforcement of foreign protection orders--Requirements.Any domestic abuse protection order, or any stalking or physical violence protection order, issued by a court of competent jurisdiction of another state, Indian tribe, the District of Columbia, or a commonwealth, territory, or possession of the United States is enforceable as if the order was issued by a court in this state if all of the following requirements are satisfied:(1)The respondent received notice of the order in compliance with requirements of the issuing jurisdiction;(2)The order is in effect in the issuing jurisdiction;(3)The issuing court had jurisdiction over the parties and the subject matter;(4)The respondent is or has been afforded reasonable notice and opportunity to be heard sufficient to protect that person's right to due process in the issuing jurisdiction. In the case of ex parte orders, notice and opportunity to be heard is or has been provided within the time required by the law of the issuing jurisdiction; and, in any event, within a reasonable time after the order was issued, sufficient to protect the respondent's due process rights;(5)If the order also provides protection for the respondent, a petition, application, or other written pleading was filed with the issuing court seeking such an order and the issuing court made specific findings that the respondent was entitled to the order; and(6)The prohibited conduct violative of the foreign protection order could be prohibited by a protection order if issued in this state.Any protection order meeting the requirements of this section is a foreign domestic abuse protection order or a foreign stalking or physical violence protection order. Source: SL 2003, ch 148, §1; SL 2006, ch 141, §1; SL 2014, ch 127, §1.
SD Codified L § 25-10-12.2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-12.2 - Filing of foreign violence protection order--Affidavit--Entry in database--Fee.

25-10-12.2. Filing of foreign violence protection order--Affidavit--Entry in database--Fee.Any person entitled to protection under a foreign domestic violence protection order may file the foreign order in the office of any clerk of a circuit court in this state. The person filing the foreign order shall also file with the clerk of a circuit court an affidavit certifying the validity and status of the order and attesting to the person's belief that the order has not been amended, rescinded, or superseded by any orders from a court of competent jurisdiction. If a foreign order is filed under this section, the clerk of a circuit court shall enter the order in the law enforcement protection order database. Filing of a foreign order under this section is not a prerequisite to the order's enforcement in this state. No fee may be assessed for filing the foreign order. Source: SL 2003, ch 148, §2.
SD Codified L § 25-10-12.3 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-12.3 - Reliance on foreign order--Immunity from liability.

25-10-12.3. Reliance on foreign order--Immunity from liability.A law enforcement officer may rely upon any foreign domestic violence protection order that has been provided to the officer by any source. The officer may make an arrest pursuant to §25-10-13 for any violation of the foreign order in the same manner as for violation of a protection order issued in this state. A law enforcement officer may rely on the statement of the person protected by the foreign order that the order is in effect and that the respondent was personally served with a copy of the order. A law enforcement officer acting in good faith and without malice in enforcing a foreign order under this section is immune from civil or criminal liability for any action arising in connection with the enforcement of the foreign domestic violence protection order. Source: SL 2003, ch 148, §3.
SD Codified L § 25-10-12.4 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-12.4 - Presentment of false order or denial of service a misdemeanor.

25-10-12.4. Presentment of false order or denial of service a misdemeanor.Any person who intentionally provides a law enforcement officer with a copy of a foreign domestic violence protection order known by that person to be false, invalid, or not in compliance with the requirements of §25-10-12.1, or who, if served with such a protection order, denies having been served with the protection order, is guilty of a Class 1 misdemeanor. Source: SL 2003, ch 148, §4.
SD Codified L § 25-10-12.5 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-12.5 - Affirmative defense.

25-10-12.5. Affirmative defense.Failure to satisfy any of the requirements of §25-10-12.1 is an affirmative defense to any prosecution for a violation of the foreign domestic violence protection order or any process filed seeking enforcement of the order in this state. Source: SL 2003, ch 148, §5.
SD Codified L § 25-10-13 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-13 - Protection order--Violation--Penalty.

25-10-13. Protection order--Violation--Penalty. If a temporary protection order or a protection order is granted pursuant to this chapter, if a foreign protection order is recognized pursuant to §25-10-12.1 or 25-10-25, or if a no contact order is issued pursuant to §25-10-23 or 25-10-25, and if the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.If the acts constituting a violation of this section also constitute a violation of §22-18-1, 22-18-1.1, or 22-19A-1, the violation of this section is a Class 6 felony.If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, §21-65-19, or §22-19A-16, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.Any proceeding under this chapter is in addition to other civil or criminal remedies. Source: SL 1981, ch 198, §13; SL 1984, ch 191, §3; SL 1994, ch 209; SL 2004, ch 176, §1; SL 2006, ch 130, §11; SL 2008, ch 133, §1; SL 2011, ch 115, §2; SL 2013, ch 120, §1; SL 2015, ch 149, §1; SL 2020, ch 76, § 3; SL 2021, ch 90, § 3.
SD Codified L § 25-10-14 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-14 - Citation of chapter.

25-10-14. Citation of chapter.This chapter may be cited as the Protection from Domestic Abuse Act. Source: SL 1981, ch 198, §14.
SD Codified L § 25-10-16 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-16 - Award of domestic violence program funds--Recipients--Restricted use--Administrative costs.

25-10-16. Award of domestic violence program funds--Recipients--Restricted use--Administrative costs.The board of county commissioners shall award domestic violence program funds to domestic violence programs that are locally controlled and situated in the state. The funds may be awarded to either local governmental or nongovernmental agencies or organizations, and may not be used for anything other than the costs of local programs or shelters. No award of funds may be contingent upon the county receiving individual client information. The county may retain ten percent of the county domestic violence program funds for administrative costs. The board of county commissioners shall distribute the money in the county domestic violence program fund to the recipients authorized by this section no less than annually. Source: SL 1983, ch 204, §5; SL 1993, ch 192, §2; SL 1994, ch 211; SL 2011, ch 132, §1.
SD Codified L § 25-10-17.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-17.1 - Persons convicted of crimes involving domestic abuse required to support domestic violence programs.

25-10-17.1. Persons convicted of crimes involving domestic abuse required to support domestic violence programs.In addition to any other penalty, assessment, or fine provided by law, the court shall order any person convicted of a crime involving domestic violence or domestic abuse to remit costs in the amount of twenty-five dollars to the clerk of courts. The clerk of courts shall forward any amount collected to the county treasurer for deposit in the county domestic violence program fund. Failure to remit the amount to the clerk of courts in the time specified by the court is punishable by contempt proceedings. Source: SL 2011, ch 133, §1.
SD Codified L § 25-10-18 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-18 - Guidelines for awarding domestic violence program funds.

25-10-18. Guidelines for awarding domestic violence program funds.Domestic violence program funds shall be awarded by the board of county commissioners to domestic violence programs that meet the requirements of §25-10-28 within the following guidelines:(1)Equitable distribution of funds according to need;(2)Distribution of funds through grants to private, nonprofit organizations;(3)Assurance of proper fiscal control and fund accounting procedures;(4)Exchange of technical assistance with other related programs;(5)Assurance of proper recordkeeping and reporting procedures; and(6)Assurance of full opportunity for active citizen participation. Source: SL 1983, ch 204, §7; SL 2011, ch 132, §2.
SD Codified L § 25-10-21 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-21 - Prohibited services.

25-10-21. Prohibited services.No funds authorized or awarded under the provisions of §§25-10-16 and 25-10-18 shall be used to promote or pay, directly or indirectly, for the elective termination of a pregnancy, sterilization, or control of birth by medication or device. Source: SL 1983, ch 204, §10.
SD Codified L § 25-10-22 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-22 - Effect of divorce or other civil proceedings prior to criminal proceedings.

25-10-22. Effect of divorce or other civil proceedings prior to criminal proceedings.In any action involving domestic abuse, the court may not:(1)Dismiss any charge or delay disposition of the domestic abuse action because of the pendency of a divorce or any other civil proceeding, unless agreed to by all parties, including the victim;(2)Require proof that either party is seeking dissolution of marriage prior to instigation of criminal proceeding. Source: SL 1989, ch 224, §1.
SD Codified L § 25-10-23 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-23 - Conditional bond--Violation as misdemeanor.

25-10-23. Conditional bond--Violation as misdemeanor.If bond for the defendant in any domestic abuse action is authorized, a condition of no contact with the victim shall be stated and incorporated into the terms of the bond. Willful violation of any such no contact provision is a Class 1 misdemeanor. Source: SL 1989, ch 224, §2.
SD Codified L § 25-10-24 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-24 - Surrender of weapon or concealed pistol permit.

25-10-24. Surrender of weapon or concealed pistol permit.The court may require the defendant to surrender any dangerous weapon or any concealed pistol permit issued under 23-7 in the defendant=s possession to local law enforcement. Source: SL 1989, ch 224, §3; SL 2016, ch 132, §5, eff. Jan. 1, 2017.
SD Codified L § 25-10-25 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-25 - Convicted defendant prohibited from contacting victim.

25-10-25. Convicted defendant prohibited from contacting victim.The court may order that any defendant convicted of a crime involving domestic abuse be prohibited from contact with the victim and the sheriff shall give the victim a copy of any such order. Source: SL 1989, ch 224, §4.
SD Codified L § 25-10-28 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-28 - Domestic violence or sexual assault shelters and service programs--Required services.

25-10-28. Domestic violence or sexual assault shelters and service programs--Required services.Any shelter or service programs established pursuant to this chapter shall have as its primary purpose the provision of services to victims of domestic violence or sexual assault, or both, and shall include:(1)Crisis telephone and referral services available twenty-four hours per day, seven days per week;(2)Shelter available twenty-four hours per day, seven days per week; (3)Prevention and education programs periodically available to the local community;(4)Victim advocacy; and(5)Confidentiality of identity, location, records, and information pertaining to any person to whom services are or were provided. Source: SL 1989, ch 223, §4; SL 1990, ch 189, §4; SL 1991, ch 214, §4; SL 2011, ch 132, §3.
SD Codified L § 25-10-30 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-30 - Promulgation of rules.

25-10-30. Promulgation of rules.The Department of Public Safety shall promulgate rules pursuant to chapter 1-26 to:(1)Establish minimum qualifications of sexual assault or domestic violence shelters or service programs; and(2)Evaluate the programs and services provided by sexual assault or domestic violence shelters or service programs. Source: SL 1989, ch 223, §6; SL 1990, ch 189, §6; SL 1991, ch 214, §6; SL 1994, ch 212, §2; SL 2011, ch 132, §4; SL 2018, ch 145, §4.
SD Codified L § 25-10-34 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-34 - Domestic abuse charge to be indicated on summons, warrant, or judgment of conviction.

25-10-34. Domestic abuse charge to be indicated on summons, warrant, or judgment of conviction.The state's attorney of the county where a crime is believed to have been committed shall indicate on the summons, complaint, information, indictment, arrest warrant, and judgment of conviction whether the charge involves domestic abuse. Source: SL 2000, ch 111, §2; SDCL §23A-2-13; SL 2002, ch 19, §1; SL 2004, ch 177, §1.
SD Codified L § 25-10-35 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-35 - Arrest of person for abuse--Considerations.

25-10-35. Arrest of person for abuse--Considerations.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. Source: SL 1989, ch 207, §2; SDCL §23A-3-2.2; SL 2002, ch 19, §1; SL 2003, ch 147, §1; SL 2015, ch 139, §2.
SD Codified L § 25-10-36 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-36 - Arrest of criminal suspect when responding to domestic abuse call.

25-10-36. Arrest of criminal suspect when responding to domestic abuse call.If any law enforcement officer who is responding to a domestic abuse call has probable cause to believe that a crime has been committed, the law enforcement officer shall arrest the person who is suspected of committing the crime and make a complete report of any action taken. The officer shall indicate on the arrest report and the fingerprint document if the arrest is for a crime against a person in a relationship described in §25-10-3.1. Source: SL 1989, ch 208, §1; SL 2000, ch 111, §1; SDCL §23A-3-21; SL 2002, ch 19, §1; SL 2014, ch 125, §7.
SD Codified L § 25-10-36.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-36.1 - Arrest of domestic abuse victim for outstanding warrant.

25-10-36.1. Arrest of domestic abuse victim for outstanding warrant.No law enforcement officer who is called to the scene of a domestic abuse complaint is required to arrest any victim of domestic abuse for an outstanding warrant if:(1)The victim is not otherwise liable to arrest for any action arising out of the present incidence of domestic abuse; and(2)The outstanding warrant is for a nonviolent misdemeanor offense.The victim is subject to arrest on an outstanding warrant after seventy-two hours have passed since the incidence of the domestic abuse call under this section.The decision of an officer to arrest or not to arrest a victim on an outstanding warrant under this section may not constitute a cause of action against the officer, the law enforcement agency, the employing entity, or any of the employing entity's employees. Source: SL 2014, ch 128, §1; SL 2018, ch 164, §1.
SD Codified L § 25-10-37 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-37 - Domestic abuse record keeping.

25-10-37. Domestic abuse record keeping.The information required by §§25-10-34 and 25-10-36 shall be compiled, maintained, and reported in accordance with chapter 23-6. Source: SL 2000, ch 111, §3; SDCL §23A-2-14; SL 2002, ch 19, §1.