reglab/housing_qa huggingface dataset:
SD Codified L § 25-9C-708 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-708 - Recognition and enforcement of registered Convention support order.

25-9C-708. Recognition and enforcement of registered Convention support order.(a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered Convention support order.(b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered Convention support order:(1)Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;(2)The issuing tribunal lacked personal jurisdiction consistent with §25-9C-201;(3)The order is not enforceable in the issuing country;(4)The order was obtained by fraud in connection with a matter of procedure;(5)A record transmitted pursuant to §25-9C-706 lacks authenticity or integrity;(6)A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;(7)The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement pursuant to this chapter in this state;(8)Payment, to the extent alleged arrears have been paid in whole or in part;(9)In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:(a)If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or(b)If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or(10)The order was made in violation of §25-9C-711.(c) If a tribunal of this state does not recognize a Convention support order under subsection (b)(2), (4), or (9):(1)The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and(2)The Department of Social Services shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received pursuant to §25-9C-704. Source: SL 2015, ch 148, §708.
SD Codified L § 25-9C-709 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-709 - Partial enforcement.

25-9C-709. Partial enforcement.If a tribunal of this state does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order. Source: SL 2015, ch 148, §709.
SD Codified L § 25-9C-710 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-710 - Foreign support agreement.

25-9C-710. Foreign support agreement.(a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:(1)A complete text of the foreign support agreement; and(2)A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:(1)Recognition and enforcement of the agreement is manifestly incompatible with public policy;(2)The agreement was obtained by fraud or falsification;(3)The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country if the support order is entitled to recognition and enforcement pursuant to this chapter in this state; or(4)The record submitted under subsection (b) lacks authenticity or integrity.(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. Source: SL 2015, ch 148, §710.
SD Codified L § 25-9C-711 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-711 - Modification of Convention child support order.

25-9C-711. Modification of Convention child support order.(a) A tribunal of this state may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:(1)The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or(2)The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.(b) If a tribunal of this state does not modify a Convention child support order because the order is not recognized in this state, subsection 25-9C-708(c) applies. Source: SL 2015, ch 148, §711.
SD Codified L § 25-9C-712 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-712 - Personal information--Limit on use.

25-9C-712. Personal information--Limit on use.Personal information gathered or transmitted under this article may be used only for the purposes for which it was gathered or transmitted. Source: SL 2015, ch 148, §712.
SD Codified L § 25-9C-713 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-713 - Record in original language--English translation.

25-9C-713. Record in original language--English translation.A record filed with a tribunal of this state under this Article must be in the original language and, if not in English, must be accompanied by an English translation. Source: SL 2015, ch 148, §713.
SD Codified L § 25-9C-801 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-801 - Grounds for rendition.

25-9C-801. Grounds for rendition.(a) For purposes of this Article, Governor, includes an individual performing the functions of Governor or the executive authority of a state covered by this chapter.(b) The Governor of this state may:(1)Demand that the Governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or(2)On the demand of the Governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. Source: SL 2015, ch 148, §801.
SD Codified L § 25-9C-802 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-802 - Conditions for rendition.

25-9C-802. Conditions for rendition.(a) Before making a demand that the Governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.(b) If, pursuant to this chapter or a law substantially similar to this chapter, the Governor of another state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order. Source: SL 2015, ch 148, §802.
SD Codified L § 25-9C-901 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-901 - Uniformity of application and construction.

25-9C-901. Uniformity of application and construction.In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2015, ch 148, §901.
SD Codified L § 25-9C-902 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-902 - Transitional provision.

25-9C-902. Transitional provision.The provisions of this chapter apply to proceedings begun on or after July 1, 2015 to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered. Source: SL 2015, ch 148, §902.
SD Codified L § 25-9C-903 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 09C - Uniform Interstate Family Support Act (2008)|Section 25-9C-903 - Severability.

25-9C-903. Severability.If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Source: SL 2015, ch 148, §903.
SD Codified L § 25-10-1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-1 - Definitions.

25-10-1. Definitions.Terms used in this chapter mean:(1)"Domestic abuse," 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 when occurring between persons in a relationship described in §25-10-3.1. Any violation of §25-10-13 or chapter 22-19A or any crime of violence as defined in subdivision 22-1-2(9) constitutes domestic abuse if the underlying criminal act is committed between persons in such a relationship;(2) "Protection order," an order restraining any person in a relationship described in §25-10-3.1 from committing any act of domestic abuse or an order excluding any person in a relationship described in §25-10-3.1 from the dwelling or residence of another person in such a relationship, whether or not the dwelling or residence is shared. A protection order has a duration of five years or less; and(3)"Temporary protection order," an order restraining any person in a relationship described in §25-10-3.1 from committing any act of domestic abuse or an order excluding any person in a relationship described in §25-10-3.1 from the dwelling or residence of another person in such a relationship, whether or not the dwelling or residence is shared. A temporary protection order has a duration of thirty days except as provided in §25-10-7.1. Source: SL 1981, ch 198, §1; SL 1984, ch 191, §1; SL 1986, ch 220, §2; SL 1988, ch 205, §1; SL 1994, ch 208, §1; SL 2000, ch 119, §1; SL 2005, ch 135, §1; SL 2007, ch 161, §1; SL 2014, ch 125, §2.
SD Codified L § 25-10-2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-2 - Application for relief--Filing--Venue.

25-10-2. Application for relief--Filing--Venue.An application for relief under this chapter may be filed in circuit court or in a magistrate court with a magistrate judge presiding. Venue lies where any party to the proceedings resides. Source: SL 1981, ch 198, §2; SL 1997, ch 118, §2.
SD Codified L § 25-10-3 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-3 - Petition for protection order--Procedure--Standard petition form.

25-10-3. Petition for protection order--Procedure--Standard petition form.There exists an action known as a petition for a protection order in cases of domestic abuse. Procedures for the action are as follows:(1)A petition under this section may be made by any person in a relationship described in §25-10-3.1 against any other person in such a relationship;(2)A petition shall allege the existence of domestic abuse and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the domestic abuse; and(3)A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties. However, if there is any other lawsuit, complaint, petition, or other action pending between the parties, any new petition made pursuant to this section shall be made to the judge previously assigned to the pending lawsuit, petition, or other action, unless good cause is shown for the assignment of a different judge.The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. Source: SL 1981, ch 198, §3; SL 1987, ch 195, §1; SL 2002, ch 129, §1; SL 2014, ch 124, §1; SL 2014, ch 125, §4.
SD Codified L § 25-10-3.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-3.1 - Persons entitled to apply for protection order.

25-10-3.1. Persons entitled to apply for protection order.Any person who is involved in one of the following relationships with another party:(1)Spouse or former spouse;(2)Is in a significant romantic relationship or has been in one during the past twelve months with the abusing party;(3)Has a child or is expecting a child with the abusing party;(4)Parent and child, including a relationship by adoption, guardianship, or marriage; or(5)Siblings, whether of the whole or half blood, including a relationship through adoption or marriage;is entitled to apply for a protection order or a temporary protection order pursuant to the provisions of this chapter. Source: SL 2014, ch 125, §1; SL 2017, ch 112, §1.
SD Codified L § 25-10-3.2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-3.2 - Factors for determining significant romantic relationship.

25-10-3.2. Factors for determining significant romantic relationship.For purposes of chapter 25-10, when determining whether a relationship is a significant romantic relationship, the court shall consider, among others, the following factors:(1)The length of time of the relationship;(2)The frequency of interaction between the parties;(3)The characteristics and the type of the relationship. Source: SL 2014, ch 125, §3.
SD Codified L § 25-10-3.3 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-3.3 - Petition for protection order in which allegations support stalking or physical injury rather than domestic abuse.

25-10-3.3. Petition for protection order in which allegations support stalking or physical injury rather than domestic abuse.If a petition for a protection order alleging the existence of domestic abuse is filed with the court pursuant to §25-10-3 and, if the court, upon an initial review, determines that the allegations do not support the existence of domestic abuse, but that the allegations do support the existence of stalking or physical injury pursuant to §22-19A-8, the court, in its discretion, may hear and act upon the petition as though the petition had been filed under §22-19A-8 and subject to the provisions of chapter 22-19A. Source: SL 2014, ch 126, §1.
SD Codified L § 25-10-4 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-4 - Hearing--Time--Service on respondent.

25-10-4. Hearing--Time--Service on respondent.Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless for good cause the court grants a continuance. Personal service of the petition, affidavit, and notice for hearing shall be made on the respondent not less than five days prior to the hearing. Source: SL 1981, ch 198, §4; SL 1985, ch 210; SL 1994, ch 208, §2; SL 2009, ch 131, §1.
SD Codified L § 25-10-5 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-5 - Relief authorized on finding abuse--Time limitation.

25-10-5. Relief authorized on finding abuse--Time limitation.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. Source: 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.
SD Codified L § 25-10-5.1 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-5.1 - Counseling required for domestic abuse defendant placed on probation.

25-10-5.1. Counseling required for domestic abuse defendant placed on probation.If a court places a defendant on probation upon receiving a verdict or plea of guilty for a crime involving domestic abuse, the court shall order that a condition of the defendant's probation is that he attend family violence counseling. Failure to attend family violence counseling is a violation of the defendant's probation. Source: SL 1992, ch 178.
SD Codified L § 25-10-5.2 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-5.2 - Restrictions on issuance of mutual orders for protection against abuse.

25-10-5.2. Restrictions on issuance of mutual orders for protection against abuse.No court may, pursuant to the provisions of §25-10-5, issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless:(1)Both the petitioner and the respondent personally appear;(2)The respondent alleges, under oath, the existence of domestic abuse by stating the specific facts and circumstances of the domestic abuse;(3)The court finds, by a preponderance of the evidence, that domestic abuse has taken place. Source: SL 1996, ch 169.
SD Codified L § 25-10-5.3 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-5.3 - Court to require instruction in parenting as part of sentence in certain convictions--Exception.

25-10-5.3. Court to require instruction in parenting as part of sentence in certain convictions--Exception.If any person is convicted of a crime involving domestic abuse, and that person is the parent, guardian, or custodian of a minor child who resides with that person or the victim of the crime, the court shall include as part of the sentence, or conditions required as part of the suspended execution or imposition of such sentence, that the person receive instruction on parenting approved or provided by the Department of Social Services. However, this section does not apply to any person convicted and imprisoned for any felony for such a duration that there is no expectation of release for at least four years. Source: SL 1998, ch 162, §5.
SD Codified L § 25-10-6 (2021)
2021 South Dakota Codified Laws|Title 25 - Domestic Relations|Chapter 10 - Protection from Domestic Abuse|Section 25-10-6 - Ex parte temporary protection order.

25-10-6. Ex parte temporary protection order.If an affidavit filed with an application under this chapter alleges that immediate and irreparable injury, loss, or damage will result before an adverse party or his or her attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and granting relief as the court deems proper, including an order:(1)Restraining any person in a relationship described in §25-10-3.1 from committing acts of domestic abuse;(2)Excluding any person in a relationship described in §25-10-3.1 from the dwelling or the residence of the petitioner. Source: SL 1981, ch 198, §6; SL 2014, ch 125, §6.