South Dakota Restraining Order Laws (2026): How to Get a Protection Order
South Dakota Restraining Order Laws (2026): How to Get a Protection Order
In South Dakota, a domestic abuse Protection Order under SDCL Chapter 25-10 can be obtained by anyone who has or had a personal, romantic, or family relationship with the respondent. A final order lasts up to five years and is renewable. Stalking victims can seek a separate Stalking Protection Order 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. Qualifying relationships include:
- Current or former spouses
- Current or former romantic or sexual partners
- People who live together or have lived together
- Family members related by blood or marriage
- People who share a child in common
You do not need to be married or to have lived with the respondent. A former dating partner qualifies. The key requirement is that some personal or household relationship existed between you.
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
You file your petition with the clerk of the circuit court in any of South Dakota's seven judicial circuits. You may file in the circuit where you live, where the respondent lives, or where the abuse or stalking occurred. Court 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 circuit 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.
| Order type | Duration |
|---|---|
| Temporary (ex parte) | Up to 30 days (until hearing) |
| Final order | Fixed period up to 5 years; renewable |
A final order in South Dakota can last for any fixed period up to five years. After the order expires, you may return to court and ask for it to be renewed. To renew, you typically file before the current order expires and show that continued protection is needed.
If your situation changes before the expiration date, you can return to court to modify the order or, if the danger has passed, to request its dismissal.
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 stalking, harassment, or domestic abuse under South Dakota law, 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. The felony escalation applies when the same course of conduct supports charges under the stalking statute (SDCL 22-19A), the harassment statutes, or the domestic abuse provisions, not only when the violation involves physical assault.
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.
More South Dakota Laws
- South Dakota AI Meeting Recording Laws
- South Dakota Alimony Laws
- South Dakota At-Will Employment Laws
- South Dakota Car Accident Laws
- South Dakota Car Seat Laws
- South Dakota Child Custody Laws
- South Dakota Child Support Laws
- South Dakota Common Law Marriage Laws
- South Dakota Data Privacy Laws
- South Dakota Divorce Laws
- South Dakota Dog Bite Laws
- South Dakota Emancipation Laws
- South Dakota Expungement Laws
- South Dakota Hit and Run Laws
- South Dakota Landlord-Tenant Laws
- South Dakota Lemon Laws
Sources
- SDCL Chapter 25-10 - Protection From Domestic Abuse (South Dakota Legislature)
- SDCL 22-19A - Stalking (South Dakota Legislature)
- South Dakota Unified Judicial System - Self-Help Center (South Dakota Unified Judicial System)
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.
