South Dakota Order

Q: What happens if you break a restraining order in South Dakota?

Source: SL 1997, ch 131, 8. 22-19A-16. Protection order--Violation--Penalty. If a temporary protection order or a protection order is granted pursuant to 22-19A-8 to 22-19A-16, inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.

Category:

Criminal - Orders

State:

Multi-State

Control #:

US-00803

Format:

Instant download

Description

This form is a model order from the court, stating that the court employed an attorney for the defendant based on the defendant's affidavit of indigence, but that the court has learned that the defendant is in fact employed. The order requires the defendant to pay a certain percentage of his wages to the court clerk as reimbursement for the costs expended by the court.

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How to fill out Order?

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FAQ

Under SDCL 25-10-23 a person charged with an assault involving domestic violence and a bond is authorized, a condition of No Contact with the victim SHALL be stated and incorporated into the terms of the bond. A violation of the No Contact Order is a class 1 misdemeanor.

If you, the victim, were to contact the defendant, through any of the means mentioned, while the No Contact Order is in place, you would be violating the Order and may be held in contempt of court. If the defendant was living with the victim, he or she must move out of the residence.

Source: SL 1997, ch 131, § 8. 22-19A-16. Protection order--Violation--Penalty. If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16, inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.

Protection order--Violation--Penalty. If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16, inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.

If bond for the defendant in any domestic abuse action is authorized, a condition of no contact with the victim shall be stated and incorporated into the terms of the bond. Willful violation of any such no contact provision is a Class 1 misdemeanor.

Per Indiana Code 35-46-1-15.1, a defendant found to be in violation of the no contact order commits the offense of invasion of privacy, which is a Class A Misdemeanor in Indiana. Furthermore, this charge can be elevated to a Level 6 Felony if the defendant has a previous, but unrelated conviction under this statute.

A no contact order, or order prohibiting contact, prohibits the abuser from having contact with the victim. It may be issued if the abuser is charged with a crime involving domestic violence and is released from jail on bond before arraignment or trial. The no contact order is not a protection order.

Ing to the North Dakota Century Code 12.1-31.2-02, an individual who violates a court order issued under this section is guilty of a class A misdemeanor.