South Dakota Stalking Order to Dismiss Form

State:
South Dakota
Control #:
SD-SKU-0364
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Description

Stalking Order to Dismiss Form

South Dakota Stalking Order to Dismiss Form is a legal document that is used in the courts of South Dakota to end a stalking order against an individual. This form is typically filed by the person who has been served with a stalking order, and it requests that the order be dismissed by the court. There are two types of South Dakota Stalking Order to Dismiss Forms: a Temporary Stalking Order Dismissal Form and a Permanent Stalking Order Dismissal Form. The Temporary Stalking Order Dismissal Form is used to temporarily dismiss an order for protection from stalking; the Permanent Stalking Order Dismissal Form is used to end the order permanently. Both forms must be filled out completely and signed by the person requesting the dismissal, and then filed with the court.

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FAQ

22-19A-1. Stalking--Violation as misdemeanor--Second or subsequent offense a felony. (3) Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication. A violation of this section constitutes the crime of stalking.

?Anyone who willfully, maliciously, and repeatedly follows or harasses another person and makes a credible threat with the intent to place them in reasonable fear for their safety, or the safety of their immediate family is guilty of the crime of stalking.?

22-19A-4. Harasses defined. For the purposes of this chapter, harasses means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose. Source: SL 1992, ch 162, § 4; SL 1993, ch 176, § 4.

Criminal Statute of Limitations in South Dakota In South Dakota, all misdemeanors carry a lengthy seven-year statute of limitations. Most felonies also have a seven-year statute of limitations. Class A, B, and C felonies do not have any statute of limitations.

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.

Harassment occurs when a working environment is so hostile as to hinder a person's ability to do his or her work.

In a domestic violence case, the criminal offense of stalking is a serious issue. California has some of the toughest and most comprehensive laws in the United States.

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 )

More info

Court fills in case number when form is filed. Case Number: Findings and Order to Terminate.The server must complete a certificate of service and file it with the court. A form for this is in the packet but some servers use their own forms. This page provides you with some general information regarding how to complete the required forms in order to file for a protection order. Need to request a protection order? What to Expect When Filing or Responding to a Petition for an Order of Protection from Domestic Violence or Stalking. The clerk will notify the Respondent and schedule a hearing within 30 days. Dismissal of a Protective Order. 30-C: MOTION TO DISMISS AND VACATE EX PARTE CIVIL STALKING PROTECTION ORDER.

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South Dakota Stalking Order to Dismiss Form