A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
South Dakota Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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Hear this out loud PauseSouth Dakota has several definitions for simple assault, including trying to cause bodily injury to someone, negligently causing injury with a dangerous weapon, recklessly injuring someone or attempting to cause another person to fear for their bodily safety.
Hear this out loud PauseAny person who, knowingly and intentionally, communicates any threat not subject to § 22-11-15.5 to take the life of or to inflict serious bodily harm upon a law enforcement officer of the state or a member of the officer's immediate family, is guilty of a Class 1 misdemeanor.
Hear this out loud Pause(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both; (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
Hear this out loud PauseClass 6 Felonies in South Dakota are considered less severe than the other felony classifications. However, they still come with serious consequences that can impact the life of the offender. A Class 6 Felony is a crime that is punishable by up to 2 years imprisonment and/or a fine of up to $4,000.
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.