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South Dakota Vulnerable Adult Motion to Modify Permanent Order

State:
South Dakota
Control #:
SD-SKU-0345
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Vulnerable Adult Motion to Modify Permanent Order

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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.

More info

Yes. I am requesting that the Court change certain terms in the Permanent Order of Protection.(8) The court may renew the protection order for another fixed time period of no less than one year, or may enter a permanent order as provided in this section. Can be extended for several different reasons. A plaintiff may request that an Order of Protection be modified at any time during the term of the Order. The clerk will notify the Respondent and schedule a hearing within 30 days. A temporary order protects you during the time it takes until the Court schedules a full hearing for you and the other person to appear before a judge. You can ask for an Antiharassment Protection Order for yourself, your minor child, a vulnerable adult or other adult you are responsible for. As long as a protective order hasn't expired, you can ask the court to modify or change it. That includes asking to rescind or extend it.

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South Dakota Vulnerable Adult Motion to Modify Permanent Order