South Dakota
South Dakota Restraining Order Laws (2026): How to Get a Protection Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
In South Dakota, a domestic abuse Protection Order under SDCL Chapter 25-10 is available only to a defined list of petitioners: a spouse or former spouse, a partner in a significant romantic relationship now or within the past twelve months, a person who shares or is expecting a child with the respondent, a parent or child, and a sibling. A final order lasts for a fixed period of up to five years. Stalking victims, and anyone whose relationship is not on that list, can seek a separate protection order under SDCL 22-19A with no relationship required.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in South Dakota
South Dakota provides two civil protective-order tracks for people facing threats or harm.
The first is the domestic abuse Protection Order under SDCL Chapter 25-10. This order applies when the person seeking protection has or had a qualifying relationship with the person they need protection from. It covers situations involving physical harm or a reasonable fear of imminent physical harm. The court can issue this order the same day you file if there is immediate danger, and it remains in place until a full hearing with both parties present.
The second is the Stalking Protection Order under SDCL 22-19A. This order is available to any victim of stalking, regardless of whether the victim and the stalker have any existing relationship. You do not need to be a spouse, partner, or family member to qualify. This track closes the gap for people being stalked by strangers or acquaintances who do not fit the domestic-relationship criteria.
Both order types are civil, meaning you pursue them through the court system independently of any criminal case. Having a criminal investigation underway is helpful but not required.
Who can get a restraining order in South Dakota?
For a domestic abuse Protection Order under SDCL 25-10, you must have or have had a qualifying relationship with the respondent. SDCL 25-10-3.1 sets that list, and it is limited to:
- A spouse or former spouse
- A person in a significant romantic relationship with the respondent, or who was in one during the past twelve months
- A person who has a child with the respondent, or is expecting one
- A parent or child, including through adoption, guardianship, or marriage
- A sibling, whether of the whole or half blood, including through adoption or marriage
Two limits in that list catch people by surprise. Living together is not itself a qualifying relationship, so cohabitants who are not spouses, romantic partners, co-parents, parent and child, or siblings do not qualify on that basis alone. And a former dating partner qualifies only if the significant romantic relationship existed within the past twelve months; in deciding whether a relationship was significant, SDCL 25-10-3.2 directs the court to weigh the length of the relationship, the frequency of interaction between the parties, and the characteristics and type of the relationship. Relatives outside the parent-child and sibling lines, such as grandparents, cousins, aunts, uncles, and in-laws, are not on the list either.
If your relationship to the respondent is not on that list, you are not out of options. SDCL 22-19A-8 allows a petition for a protection order in cases of stalking, in cases of physical injury as a result of an assault, or in cases of a crime of violence, with no relationship requirement at all. And under SDCL 25-10-3.3, if you file a domestic abuse petition and the court determines on initial review that the allegations do not support domestic abuse but do support stalking or physical injury under 22-19A-8, the court may in its discretion hear and act on the petition as though it had been filed under that section.
For a Stalking Protection Order under SDCL 22-19A, no relationship is required at all. If you are being followed, monitored, or repeatedly contacted by anyone in a way that causes fear, this second track is available to you regardless of how you know the person, or whether you know them at all.
In both cases, the petitioner must be at least one of the people described by the statute, but advocates at local domestic-violence organizations can help you determine which track fits your situation.
How to file for a restraining order in South Dakota
Under SDCL 25-10-2, an application for relief may be filed in circuit court or in a magistrate court with a magistrate judge presiding, and venue lies where any party to the proceedings resides. In practice that means you file where you live or where the respondent lives; the place where the abuse or stalking happened does not by itself establish venue under Chapter 25-10. You start at the clerk of court's office, and clerks can direct you to the correct paperwork.
Filing a domestic-violence Protection Order is free. Under the federal Violence Against Women Act (VAWA), courts cannot charge a filing fee or service fee for a protective order related to domestic abuse. There is no cost to the petitioner to have the order served on the respondent either.
The petition asks you to describe the relationship, the conduct you experienced, and why you need the court's protection. You are not required to have a police report, photographs, or witnesses to file. Your sworn statement is evidence.
Many court locations have self-help centers or staff who can explain the forms without giving legal advice. South Dakota also has local domestic-violence advocacy organizations, and a trained advocate can sit with you during the filing process at no charge. The National Domestic Violence Hotline (1-800-799-7233) can connect you with a local advocate if you are unsure who to contact.
Temporary vs. final orders: how long they last
When you file a petition showing immediate and present danger, the judge can issue a temporary Protection Order the same day, without notifying the respondent first. This is called an ex parte order. A South Dakota temporary Protection Order is effective for up to 30 days, which is longer than in many other states. It gives the court time to schedule a full hearing.
At the full hearing, both parties can present evidence. If the court grants the order after that hearing, it becomes a final Protection Order. The respondent can bring evidence to that hearing too, so ask a South Dakota family lawyer for a free case evaluation on preparing yours (attorney advertising).
| Order type | Duration |
|---|---|
| Temporary (ex parte) | Up to 30 days (until hearing) |
| Final order | Fixed period up to 5 years |
A final order in South Dakota can last for any fixed period up to five years. SDCL 25-10-5 says relief "shall be for a fixed period and may not exceed five years," and Chapter 25-10 contains no renewal or extension provision, so an expiring order is not simply continued on request. If you still need protection as the expiration date approaches, the route is to file a new petition supported by a current showing of domestic abuse. Ask the clerk of court or a local advocate about timing well before your order runs out.
If your situation changes before the expiration date, SDCL 25-10-10 lets the court modify the terms of an existing order on application, notice to all parties, and a hearing, or you can ask the court to dismiss the order if the danger has passed.
Firearms and a South Dakota Protection Order
South Dakota courts may include an explicit firearms prohibition and surrender requirement in a Protection Order. When that provision is included, the respondent is ordered to surrender any firearms they possess.
Even without a state-law surrender provision in the order itself, a qualifying final Protection Order automatically triggers the federal firearms prohibition in 18 U.S.C. 922(g)(8). Under federal law, a person subject to a qualifying protective order may not purchase, possess, or receive firearms or ammunition for the duration of the order. Violating this federal prohibition is a separate federal crime.
If you are concerned that the respondent has firearms and may pose a danger, you can ask the court at the time of your hearing to include an explicit surrender requirement in the order. Local advocates and court self-help staff can explain how to make that request.
What happens if someone violates the order?
Violating a South Dakota Protection Order is a Class 1 misdemeanor under SDCL 25-10-13. A Class 1 misdemeanor carries a sentence of up to one year in jail and a fine of up to $2,000. The violation does not have to involve physical contact; contacting you by phone, showing up near your home or workplace, or directing others to contact you on the respondent's behalf can all constitute a violation.
If the acts underlying the violation also constitute simple assault (SDCL 22-18-1), aggravated assault (SDCL 22-18-1.1), or stalking (SDCL 22-19A-1), the violation is elevated to a Class 6 felony under SDCL 25-10-13, carrying a potential sentence of up to two years in prison and a larger fine.
SDCL 25-10-13 also sets a recidivist ladder for repeat violations. If the respondent has two or more prior convictions or guilty pleas for violating a protection order (or the related SDCL 21-65-19 or 22-19A-16 offenses) within the past 10 years, a third violation is a Class 6 felony, a fourth violation is a Class 5 felony (up to 5 years in prison and a $10,000 fine), and a fifth or subsequent violation is a Class 4 felony (up to 10 years in prison and a $20,000 fine).
Police in South Dakota can arrest a person on probable cause that a Protection Order has been violated. You do not need to wait for them to witness the violation in person.
If the respondent violates your order, call 911 immediately and report the violation. Keep records of any contact, messages, or incidents, including dates, times, and any witnesses. Even if the violation feels minor, reporting it creates a record that may be important if the conduct escalates.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related pages
For more information on protective orders across all states, see the Restraining Order Laws by State hub. If you are documenting harassment or threats for court, see South Dakota Recording Laws. For context on the right to defend yourself under South Dakota law, see the South Dakota self-defense laws page.
More South Dakota Laws
- South Dakota Child Custody Laws
- South Dakota Divorce Laws
- South Dakota GPS Tracking Laws
- South Dakota Self-Defense Laws
Frequently Asked Questions
How do I get a restraining order in South Dakota?
File a petition for a Protection Order with the clerk of court. SDCL 25-10-2 allows the application to be filed in circuit court or in a magistrate court with a magistrate judge presiding, and venue lies where any party to the proceedings resides. Describe your relationship with the respondent and the conduct that put you in danger. If you show immediate and present danger, the judge can issue a temporary order the same day without a hearing. A full hearing is then scheduled within about 30 days.
How long does a restraining order last in South Dakota?
A temporary Protection Order in South Dakota lasts up to 30 days until the full hearing. A final Protection Order lasts for a fixed period that may not exceed five years under SDCL 25-10-5. Chapter 25-10 contains no renewal or extension provision, so if you still need protection as your order nears its expiration date, the route is to file a new petition supported by a current showing of domestic abuse.
How much does a restraining order cost in South Dakota?
Filing and service of a domestic-violence Protection Order is free. Under the federal Violence Against Women Act, courts cannot charge a petitioner any fee for filing or serving a domestic-abuse protective order. There is no cost to you as the protected party.
Who qualifies for a domestic abuse Protection Order in South Dakota?
SDCL 25-10-3.1 limits the list to a spouse or former spouse, a person in a significant romantic relationship with the respondent or who was in one during the past twelve months, a person who has a child with the respondent or is expecting one, a parent or child (including through adoption, guardianship, or marriage), and a sibling of the whole or half blood (including through adoption or marriage). Simply living together does not qualify, and relatives outside the parent-child and sibling lines are not covered. If you are outside that list, SDCL 22-19A-8 allows a protection order petition for stalking, physical injury from an assault, or a crime of violence with no relationship requirement.
Can I get a restraining order without a police report?
Yes. You do not need a police report, photographs, or other documentary evidence to file. Your sworn statement in the petition describing the abuse or stalking is evidence. Having supporting documentation can strengthen your case at the full hearing, but it is not a requirement to begin the process.
Does a restraining order take away gun rights in South Dakota?
A qualifying final Protection Order triggers the federal firearm prohibition under 18 U.S.C. 922(g)(8), which bars the respondent from purchasing or possessing firearms or ammunition while the order is in effect. South Dakota courts may also include an explicit firearms surrender provision in the order itself.
What happens if the abuser violates the order?
Violating a South Dakota Protection Order is a Class 1 misdemeanor, punishable by up to one year in jail and a $2,000 fine. If the acts also constitute simple assault, aggravated assault, or stalking, the offense becomes a Class 6 felony under SDCL 25-10-13, carrying up to two years in prison. Repeat violations within 10 years escalate further: a fourth violation is a Class 5 felony and a fifth or subsequent violation is a Class 4 felony, carrying up to 10 years in prison. Call 911 immediately if the order is violated, and document the incident.
What is the difference between a restraining order and an order of protection in South Dakota?
In South Dakota, the civil order is called a Protection Order, not a restraining order. Both terms refer to court orders that prohibit contact and proximity between a petitioner and respondent. Some other states use different names, such as Order of Protection or Protective Order, for essentially the same kind of civil relief.
Updates
Corrected who can obtain a South Dakota domestic abuse Protection Order to match SDCL 25-10-3.1 (including the twelve-month limit on former romantic partners and the fact that living together does not by itself qualify), corrected the filing and venue rules under SDCL 25-10-2, and removed the incorrect statement that a five-year final order can be renewed.
Corrected the felony-escalation trigger for violating a South Dakota protection order to name the statute's actual predicates (simple assault, aggravated assault, or stalking, not a general 'harassment' or 'domestic abuse' standard), added the recidivist penalty ladder the page omitted (a fourth violation is a Class 5 felony, a fifth or later is a Class 4 felony), and fixed a dead self-help center citation link.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Dakota Codified Laws, Chapter 25-10: PROTECTION FROM DOMESTIC ABUSE
§ 25-10-5Relief authorized on finding abuse--Time limitation.In force
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.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at sdlegislature.gov
§ 25-10-13Protection order--Violation--Penalty.In force
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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 12 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Hauge (South Dakota Supreme Court 1996, 547 N.W.2d 173)“…verbroad and unconstitutional. He was convicted pursuant to SDCL 25-10-13 and sentenced to one year in the county…”
- State v. Weaver (South Dakota Supreme Court 2002, 648 N.W.2d 355)“…[¶ 9.] Violation of a protection order is prohibited by SDCL 25-10-13. That statute provides: If a tem…”
- State v. Shibly (South Dakota Supreme Court 2023, 2023 S.D. 30)“…a no contact order by stalking (domestic), in violation of SDCL 25-10-13 and SDCL 22- 19A-1, and six misdemeano…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-10-3.3Petition for protection order in which allegations support stalking or physical injury rather than domestic abuse.In force
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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 25-10-10Modification of order.In force
Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 25-10-2Application for relief--Filing--Venue.In force
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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 25-10-3.1Persons entitled to apply for protection order.In force
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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 4 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Wilson (South Dakota Supreme Court 2020, 2020 S.D. 41)“…the definition of a qualifying domestic relationship. See SDCL 25-10-3.1 (effective July 1, 2014) (enacted in c…”
- Batchelder v. Batchelder (South Dakota Supreme Court 2021, 2021 S.D. 60)“…rtain qualifying relationships, such as former spouses. See SDCL 25-10-3.1 (listing qualifying relationships). Sta…”
- Wagner v. Tovar (South Dakota Supreme Court 2025, 2025 S.D. 44)“…relationship through adoption or marriage[.] SDCL 25-10-3.1. If a person is in a domestic relations…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 25-10-3.2Factors for determining significant romantic relationship.In force
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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
South Dakota Codified Laws, Chapter 22-19A: STALKING
§ 22-19A-1Stalking--Violation as misdemeanor--Second or subsequent offense a felony.In forcecited in 4 of our articles
No person may: (1) Willfully, maliciously, and repeatedly follow or harass another person; (2) Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or (3) Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication. A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor. However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of this section and occurring within ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a second or subsequent offense.
Official text (excerpt) · last checked 2026-08-26 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2023
In the courts (editorial summary, independently checked):State v. McGill rejected a vagueness challenge to SDCL 22-19A-1 and upheld a stalking conviction, reading "repeatedly" and "maliciously" by their common usage. Schaefer Ex Rel. S.S. v. Liechti applied the section to sustain a protection order where repeated watching, following, and threats formed a course of conduct.
Opinions citing this section in our collection:
- State v. McGill (South Dakota Supreme Court 1995, 536 N.W.2d 89)✓A man who for years phoned, wrote threatening letters to and followed a woman was convicted of stalking on three letters received days after the statute took effect; the court affirmed and rejected his claim that maliciously and repeatedly made 22-19A-1 vague.
- State v. Asmussen (South Dakota Supreme Court 2006, 713 N.W.2d 580)✓A man under a no contact protection order placed dozens of calls to his former partner and left threatening voice mail; the court affirmed his felony stalking conviction, holding the order need not warn of the felony penalty or repeat the wording of 22-19A-1(3).
- Schaefer Ex Rel. S.S. v. Liechti (South Dakota Supreme Court 2006, 711 N.W.2d 257)✓A man watched neighbor children through binoculars while they swam, drove past their home 35 times in one day, chased them in his pickup and told officials he could have used a shotgun; the court affirmed a stalking protection order under 22-19A-1(1) and (2).
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota Employee Monitoring Laws: Workplace Surveillance and Social Media (2026), South Dakota GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026), South Dakota Surveillance Camera Laws (2026 Guide)
§ 22-19A-8Petition for protection order--Procedures.In forcecited in 2 of our articles
There exists an action known as a petition for a protection order in cases of stalking, in cases of physical injury as a result of an assault, or in cases of a crime of violence as defined in subdivision 22-1-2(9). Procedures for the action are as follows: (1) A petition under this section may be made against any person who violates § 22-19A-1 or against any other person against whom stalking or physical injury as a result of an assault or in cases where a crime of violence is alleged; (2) A petition shall allege the existence of (a) stalking or (b) physical injury as a result of an assault or (c) a crime of violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the stalking or the physical injury as a result of an assault or crime of violence; (3) A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties. The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The attorney general shall prepare the standard petition form.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2015
Opinions citing this section in our collection:
- Donat v. Johnson (South Dakota Supreme Court 2015, 862 N.W.2d 122)“…hnson the notice that due process requires. [¶23.] SDCL 22-19A-8 requires, among other things, that a pe…”
- State v. Asmussen (South Dakota Supreme Court 2003, 668 N.W.2d 725)“…the same statute which gives rise to criminal liability. SDCL 22-19A-8(1). [¶ 17.] Asmussen’s charged o…”
- March v. Thursby (South Dakota Supreme Court 2011, 806 N.W.2d 239)“…2- #25873 among other things, stalking. SDCL 22-19A-8. 1 At the evidentiary hearing on this…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
South Dakota Codified Laws, Chapter 21-65: PROTECTION OF VULNERABLE ADULTS
§ 21-65-19Protection order--Violation--Penalty.In force
If a temporary protection order or a protection order is granted pursuant to this chapter and 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 an assault, as defined in § 22-18-1, 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, § 22-19A-16, or § 25-10-13, 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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
South Dakota Codified Laws, Chapter 22-18: ASSAULTS AND PERSONAL INJURIES
§ 22-18-1Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.In forcecited in 2 of our articles
A person is guilty of simple assault, a Class 1 misdemeanor, if the person: (1) Attempts to cause bodily injury to another and has the actual ability to cause the injury; (2) Recklessly causes bodily injury to another; (3) Negligently causes bodily injury to another with a dangerous weapon; (4) Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or (5) Intentionally causes bodily injury to another which does not result in serious bodily injury. If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of simple assault under this section, simple assault or aggravated assault under § 22-18-1.05, aggravated assault under § 22-18-1.1, assault under § 22-18-26, intentional contact with bodily fluids under § 22-18-26.1, or assault under § 22-18-29, within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 75 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Heumiller (South Dakota Supreme Court 1982, 317 N.W.2d 126)“…rial court erred in denying his requested instructions that SDCL 22-18-1(4) (simple assault) be given as a lesse…”
- State v. Cook (South Dakota Supreme Court 1982, 319 N.W.2d 809)“…court erred in instructing the jury over his objection that SDCL 22-18-1(2) (simple assault) is a lesser include…”
- State v. No Heart (South Dakota Supreme Court 1984, 353 N.W.2d 43)“…equest at trial for a jury instruction that simple assault, SDCL 22-18-1(5), is a necessarily lesser included of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 22-18-1.1Aggravated assault--Penalty.In forcecited in 3 of our articles
No person may: (1) Cause or attempt to cause serious bodily injury to another under circumstances manifesting extreme indifference to the value of human life; (2) Attempt to cause, or knowingly cause, bodily injury to another with a dangerous weapon; (3) Assault another with intent to commit bodily injury, which results in serious bodily injury; (4) Attempt by physical menace with a deadly weapon or a physical object realistically simulating a deadly weapon to put another in fear of imminent serious bodily harm; or (5) Attempt to induce a fear of death or imminent serious bodily harm by impeding the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck, or by blocking the nose and mouth. A person who violates this section is guilty of aggravated assault. Aggravated assault is a Class 3 felony.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 144 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Heumiller (South Dakota Supreme Court 1982, 317 N.W.2d 126)“…dded, footnote omitted). Appellant was charged under SDCL 22-18-1.1(5), which states: “Any person who: . .…”
- State v. Huber (South Dakota Supreme Court 1984, 356 N.W.2d 468)“…ror rests upon the charge of aggravated assault pursuant to SDCL 22-18-1.1(3). [1] The information charged in Cou…”
- State v. Cook (South Dakota Supreme Court 1982, 319 N.W.2d 809)“…304 N.W.2d 115 (S.D.1981). Aggravated assault under SDCL 22-18-1.1(3) requires the showing of: 1) an attem…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota Pepper Spray and Stun Gun Laws (2026)
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Sources and References
- SDCL Chapter 25-10 - Protection From Domestic Abuse(sdlegislature.gov).gov
- SDCL 22-19A - Stalking(sdlegislature.gov).gov
- South Dakota Unified Judicial System - Self-Help Center(ujs.sd.gov).gov
- SDCL 25-10-3.1 - Persons entitled to apply for protection order(sdlegislature.gov)
- SDCL 25-10-3.2 - Factors for determining significant romantic relationship(sdlegislature.gov)
- SDCL 25-10-3.3 - Petition in which allegations support stalking or physical injury rather than domestic abuse(sdlegislature.gov)
- SDCL 25-10-2 - Application for relief, filing, and venue(sdlegislature.gov)
- SDCL 25-10-5 - Relief authorized on finding abuse and five-year time limitation(sdlegislature.gov)
- SDCL 25-10-10 - Modification of order(sdlegislature.gov)
- SDCL 22-19A-8 - Petition for protection order in stalking, assault injury, or crime of violence cases(sdlegislature.gov)