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Complaint or Petition for Temporary Restraining Order and Injunction...

South Dakota Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

Q: What constitutes harassment in South Dakota?

Codified Laws 22-19A-4. 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.

Q: What happens if you violate 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.

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:

Civil Procedure - Restraining Orders

State:

Multi-State

Control #:

US-01130BG

Format:

Instant download

Description

Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in special cases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. A temporary restraining order is a temporary order of a court to preserve current conditions as they are until a hearing is held at which both parties are present. The term preliminary injunction is used to describe the restraint issued pending a final hearing on the merits, and permanent injunction refers to that order of restraint issued after a final hearing on the merits of the case where the facts indicate that an injunction is justified.

This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Complaint Or Petition For Temporary Restraining Order And Injunction To Enjoin Interference With Property Right?

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FAQ

Codified Laws § 22-19A-4. 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.

An injunction is a court order requiring a person to do or cease doing a specific action. There are three types of injunctions: Permanent injunctions, Temporary restraining orders and preliminary injunctions. Temporary restraining orders (TRO) and preliminary injunctions are equitable in nature.

After the Hearing The judge will determine if the protection order will be granted and for how long. The maximum time for a protection order is 5 years. The judge may also determine outcomes relating to children.

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.

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.

After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.

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.

South Dakota Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

Description

Related forms

Viewed forms

How to fill out Complaint Or Petition For Temporary Restraining Order And Injunction To Enjoin Interference With Property Right?

Form popularity

FAQ

What constitutes harassment in South Dakota?

Is an injunction a court order preventing someone from performing a particular act?

How long does a no contact order last in South Dakota?

Can the victim contact the defendant in a no contact order in Iowa?

What is the Sdcl 25 10 23?

How long do most no contact orders last?

What happens if you violate a restraining order in South Dakota?

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

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South Dakota Complaint or Petition for Temporary Restraining Order and Injunction to Enjoin Interference with Property Right

Description

Related forms

Viewed forms

How to fill out Complaint Or Petition For Temporary Restraining Order And Injunction To Enjoin Interference With Property Right?

Form popularity

FAQ

What constitutes harassment in South Dakota?

Is an injunction a court order preventing someone from performing a particular act?

How long does a no contact order last in South Dakota?

Can the victim contact the defendant in a no contact order in Iowa?

What is the Sdcl 25 10 23?

How long do most no contact orders last?

What happens if you violate a restraining order in South Dakota?

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

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