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 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 (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
Frequently Asked Questions
How do I get a restraining order in South Dakota?
File a petition for a Protection Order with the circuit court clerk in any of South Dakota's seven judicial circuits. 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 up to five years. After it expires, you may return to court and ask for it to be renewed by showing a continued need for protection.
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.
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 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.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 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 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 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.
Leading cases:
- 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)
Search our full record of US law — 2.1 million sections, every state + federal →
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