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South Dakota Vulnerable Adult Permanent Order of Protection

State:
South Dakota
Control #:
SD-SKU-0344
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Vulnerable Adult Permanent Order of Protection

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FAQ

A violation of the order of protection can be charged as a separate misdemeanor under CRS 18-6-803.5. The crime is punishable by up to 18 months in jail and a $5,000 fine. Often, an alleged victim fabricates a protection order violation in order to have someone arrested.

Requests to dismiss the order should be made in writing and filed with the Clerk. (The Motion to Dismiss form is also available on online at )

Codified Laws § 22-46-2. Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony. Any person who emotionally or psychologically abuses an elder or adult with a disability is guilty of a Class 1 misdemeanor.

Protective 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.

The law protects vulnerable adults from any abuse, or any willful act or omission of a caregiver or any other person which results in physical injury, mental anguish, unreasonable confinement, sexual abuse or exploitation, or financial exploitation.

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South Dakota Vulnerable Adult Permanent Order of Protection