South Dakota Vulnerable Adult Motion to Dismiss is a legal document that is used to request the dismissal of a case in which an adult is charged with an offense against a vulnerable adult. The purpose of this motion is to protect the rights of a vulnerable adult and to ensure that they receive proper care and protection. This motion can be used in cases involving physical, emotional, or financial abuse of a vulnerable adult. There are two types of South Dakota Vulnerable Adult Motion to Dismiss: (1) a Motion to Dismiss for Lack of Prosecution and (2) a Motion to Dismiss for Lack of Evidence. The first is used when the prosecution has not proceeded with the case in a timely manner, while the second is used when there is insufficient evidence to support the charges.
South Dakota Vulnerable Adult Motion to Dismiss
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How to fill out South Dakota Vulnerable Adult Motion To Dismiss?
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FAQ
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.
If the order is broken, the defendant may receive a fine or jail time with a felony or misdemeanor charge against them.
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.
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.
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.
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.