This form is a sample protective order for use in a personal injury action requiring the parties to maintain the confidentiality of certain information.
South Dakota Protective Order - Civil Trial
State:
Multi-State
Control #:
US-PI-0048
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Protective Order - Civil Trial?
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FAQ
A no contact order prohibits a person from being in physical or verbal contact with another person, whether that is face-to-face or over the phone/internet.
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.
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.
Codified Law 22-19A-1 | South Dakota Legislature. 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.
The Court ultimately held that the Indiana legislature made it clear that protected persons might invite the perpetrator back into their lives. However, it is the perpetrator who must not allow the no contact or protective order to be violated, and a victim should not be criminally charged for aiding a violation.
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.
If the victim violates the order, there are no criminal penalties as the victim is not the one legally bound by the order. However, no-contact and other protective orders often come with both civil and criminal components.
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.