This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
South Dakota USLegal Guide on Restraining Orders and No Contact Orders
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Multi-State
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US-GDE-09
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FAQ
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.
Any person who violates § 22-19A-1 when there is a temporary restraining order, or an injunction, or a protection order, or a no contact order issued pursuant to § 25-10-23 or 25-10-25 in effect prohibiting the behavior described in § 22-19A-1 against the same party, is guilty of a Class 6 felony.
The law specifically prohibits the following behavior: Willfully, maliciously, and repeatedly follow or harass another person; Making a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or.
A protective order is a civil order from the court instructing a person to stop abusing, harassing, or contacting another person for a period of time. What is a no contact order? A no contact order is a court order issued in a criminal case requiring the defendant to have no contact with the alleged victim.
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
A Protection Order is a legal document signed by a judge prohibiting a person from contacting the petitioner. There are two types of Protection Orders available in South Dakota ? a Protection Order for Domestic Abuse and a Protection Order for Stalking or From Physical Harm.
A No Contact Order is an order signed by a judge prohibiting the defendant in a criminal case from having any contact with the victim while out on bond.