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Protection Orders

Protecting Yourself From Harm

Protection orders, also called "restraining orders," require a named individual (typically, those charged with domestic violence or stalking) to stay a specified distance away from a named victim, for a certain amount of time. They are technically legal documents issued by a judge or magistrate to protect the health and safety of a person who is alleged to be a victim of any act involving violence, force or threat that results in bodily injury or places that person in fear of death, sexual assault or bodily injury.

Who is Entitled to a Protection Order?

  • Spouse or former spouse;
  • Someone in a significant romantic relationship;
  • Someone who has a child or is expecting a child with the abusing party;
  • A parent and child, including a relationship by adoption, guardianship, or marriage;
  • Siblings, whether of the whole or half blood, including a relationship through adoption or marriage;
  • Somone who is a victim of harassment or had threats issued against them. 

Obtaining a Protection Order

Follow these steps to obtain your protection order:

  • Visit the clerk of court's office in your county to obtain the forms needed to apply for a protection order or find forms below based on the type of protection order you are seeking. 
  • Some shelters or advocacy centers have the forms available and/or can assist victims in obtaining them.

  • Return the forms to the clerk of courts.
  • The clerk of courts will likely assign the protection order application to the same judge if any civil litigation is happening between the parties (ie. divorce, child custody). Parties should make the judge aware of any other proceedings.
  • A judge will then review the petition.
  • A judge will make one of the following decisions:
    1. Decline the request for a protection order;
    2. Grant a temporary protection order; or
    3. Grant a hearing for a permanent protection order.
  • If a protection order is signed by a judge, the clerk of courts will provide copies to the sheriff's office for service on the respondent. 

  • After requesting a protection order and being granted a hearing, the person filing must appear and be prepared to give evidence or have witnesses to explain to the judge why the protection order is needed. You may or may not hire a lawyer to represent you.
  • The person who has the protection order filed against them does not have to appear. The judge will still listen to evidence and decide if the protection order should be granted.
  • If the person who has the protection order filed against them does appear, the judge may ask them what they think about the protection order. If they do not object, the judge may grant the order. If they do object, the judge may ask additional questions to determine if the protection order should be granted. The person may appear with or without a lawyer.

Review How to Prepare for Court

  • The judge may start by explaining the rules to both parties.
  • The person requesting the protection order will go first and present their evidence and call witnesses. They will explain to the judge why they need the protection order.
  • Once the first person is done, they may be asked questions by the other party.
  • The person responding to the protection order will be allowed to provide evidence or their own witnesses. They may also be asked questions by the other party once they have finished.
  • The judge may ask questions of either party or witnesses during the hearing.

  • The judge will determine if the protection order will be granted and for how long. The maximum time for a protection order is five years.
  • The judge may also determine outcomes relating to children.
  • The judge may also make a determination regarding firearms. The judge may order no firearms in the possession of the person the order was granted against. It is a federal violation for that person to possess a firearm while subject to the permanent protection order.
  • After the order is granted and is put into place, it must be honored. After the judge signs it, it will be served on the other party. Neither party should contact the other.

  • All violations of the protection order in place should be immediately reported to law enforcement.
  • The person granted the protection order should always carry a copy of the protection order with them.
  • South Dakota enforces protection orders issued by another state, Indian tribe, the District of Columbia, or commonwealth, territory, or possession of the United States as long as of the following requirements are met in SDCL 25-10-12.1.

  • Only a judge may modify the protection order.
  • At any time, either party may request to modify the order. The request should be in writing and filed with the clerk of courts.
  • The judge will receive the request and decide whether to have a hearing regarding the request. A hearing is not always required.
  • At the hearing, whichever party is requesting the modification must present evidence to support the modification request.

  • Only a judge may dismiss the protection order.
  • At any time, either party may request to dismiss the order. The request should be in writing and filed with the clerk of courts.
  • The judge will receive the request and decide whether or not to have a hearing regarding the request as a hearing is not always required.
  • At the hearing, whichever party is requesting the dismissal must present evidence to support the dismissal request.

Find forms for obtaining a Protection Order based on the Situation

Protection Orders - Domestic Violence

A domestic abuse protection order may be requested if a person with whom you have had a personal relationship has inflicted or attempted to inflict physical injury, breached a no-contact order, engaged in harassment or stalking, or has committed an act of violence against you.

Protection Orders - Vulnerable Adults

A vulnerable protection order can protect you or the individual you are filing on behalf of, provided they are over the age of 65, or an adult with a disability and are unable to be protected from abuse, neglect, or financial exploitation.

Protection Orders - Stalking

A stalking protection order may be pursued if an individual has engaged in harassment, issued threats, or inflicted physical harm upon you.

Online Resources for Drafting Protection Orders

Use this online, interactive tool to help you fill out protection orders if you are a vulnerable adult or for cases of stalking and physical injury or domestic violence.

Draft Stalking/Physical Injury Protection Order Forms

Draft Domestic Protection Order Forms

Draft Vulnerable Adult Protection Order Forms

Related Topics

Emergency Shelter and Assistance

The judiciary has a critical role in ensuring fair and equitable access to emergency shelter and assistance, particularly for vulnerable populations.

Criminal Law Resources

Crimes and punishments vary from state to state. Access a list of crimes in South Dakota and additional criminal law resources such as contacts and facility information. Criminal law defines actions that are threatening, harmful, or endangering to the property, health, safety, and moral welfare of people. It is also includes the punishment of people who violate criminal laws.

Criminal Victim Information

Access resources to help guide you through this time with details on how to receive court-ordered restitution, find shelter in a safe environment and monitor your offender.