South Dakota Motion to Modify Vulnerable Adult Permanent Order of Protection
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FAQ
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.
Call the central intake line toll-free at 1-855-462-5465, "Press 2". NOTE: The Vulnerable Adult Protective Services intake line is answered weekdays, from 8 a.m. to 5 p.m., Central Time. Please leave a message, including your contact information, if you call after hours.
Physical Abuse - Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need. Emotional Abuse - Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts. Sexual Abuse - Non-consensual sexual contact of any kind.
If the order is broken, the defendant may receive a fine or jail time with a felony or misdemeanor charge against them.
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. The judge will receive the request and decide whether to have a hearing regarding the request.
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.
Elder abuse is an intentional act or failure to act that causes or creates a risk of harm to an older adult. An older adult is someone age 60 or older. The abuse occurs at the hands of a caregiver or a person the elder trusts.
