S.D. Codified Laws § 25-10-5.2

Current with legislation signed by the governor on or before 3/6/2024

Section 25-10-5.2 - Restrictions on issuance of mutual orders for protection against abuse

No court may, pursuant to the provisions of § 25-10-5, issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless:

(1) Both the petitioner and the respondent personally appear;

(2) The respondent alleges, under oath, the existence of domestic abuse by stating the specific facts and circumstances of the domestic abuse;

(3) The court finds, by a preponderance of the evidence, that domestic abuse has taken place.

SDCL 25-10-5.2

SL 1996, ch 169.