Reviewed August 2026
Protective Orders in South Dakota
If you are in immediate danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233. South Dakota courts offer three related protection orders under SDCL Chapter 25-10: a domestic violence protection order, a stalking protection order, and a vulnerable adult protection order. A domestic violence order is available if someone you have had a personal relationship with inflicted or attempted physical injury against you. It also applies if they breached a no-contact order, harassed or stalked you, or committed an act of violence against you. You get the forms from the clerk of court. A judge reviews the petition and either declines it, grants a temporary order, or sets a hearing for a permanent order. If you already have a pending divorce or child custody case with the same person, the court typically assigns the protection order to the same judge. This page covers eligibility, the hearing process, duration, custody, and firearms.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how protective orders works under South Dakota law for people researching before they file. It is not legal advice, and Virdix does not prepare or file South Dakota paperwork. See how Virdix works for California divorces.
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Who is entitled to a protection order
South Dakota's Unified Judicial System self-help materials list several eligible categories. You can seek an order against a spouse or former spouse, or someone you've had a significant romantic relationship with. You can also seek one against someone you have a child with, or are expecting a child with. That also includes a parent or child, including through adoption, guardianship, or marriage. Siblings qualify too, whole or half blood, including through adoption or marriage. Anyone who has harassed or threatened you also qualifies.
How the process works
Get the forms from the county clerk of court's office, or from a shelter or advocacy center that can help you fill them out. If you already have other civil litigation with the same person, such as a divorce or child custody case, tell the court. The clerk typically assigns the protection order to that same judge. A judge then reviews the petition. The judge either declines the request, grants a temporary protection order, or sets a hearing for a permanent order.
The hearing
At the hearing, the person who requested the order must appear. They need evidence or witnesses ready to show why the order is necessary. The person the order is sought against does not have to appear. If they skip it, the judge still hears the evidence and decides. Should they appear, the judge may ask for their position. An objection prompts further questions before the judge decides. Either side may hire a lawyer or represent themselves.
Duration, custody, and firearms
After the hearing, the judge decides whether to grant the order and how long it lasts, up to a maximum of five years. The judge can also decide matters relating to children as part of the order. On firearms, the judge can order that the restrained person may not possess one while the order is in effect. South Dakota's self-help materials note that possessing a firearm while subject to a permanent protection order is a federal violation.
Enforcement, modification, and other states' orders
Report any violation of an active protection order to law enforcement right away. A protected person should keep a copy of the order on hand. Only a judge can modify or dismiss a protection order. Either party can request this in writing with the clerk of courts. The judge then decides whether a hearing is needed before ruling on the request. South Dakota also enforces valid protection orders issued by another state, an Indian tribe, the District of Columbia, or a U.S. territory, under SDCL 25-10-12.1.
Sources: South Dakota Unified Judicial System: Protection Orders self-help
Not independently confirmed
- This page relies on the South Dakota Unified Judicial System's self-help description rather than the codified statute text directly, because sdlegislature.gov's statute browser is a JavaScript application that could not be rendered for automated verification
- Exact filing fee policy for a South Dakota protection order petition was not stated on the self-help page reviewed
- South Dakota Coalition Ending Domestic and Sexual Violence's own site pointed to the National Domestic Violence Hotline rather than a distinct state-run number
Protective Orders in South Dakota: frequently asked questions
How do I get a protection order in South Dakota?+
Get the forms from your county clerk of court's office, or from a local shelter or advocacy center. After you return the completed forms, a judge reviews the petition. The judge either declines it, grants a temporary order, or schedules a hearing for a permanent order.
Who can get a domestic violence protection order in South Dakota?+
A spouse or former spouse, or someone in a significant romantic relationship with you. Also someone you have or are expecting a child with, a parent or child, siblings, or anyone who has harassed or threatened you.
Do I have to appear at the hearing in South Dakota, and does the other person?+
Yes. The person requesting the order must appear with evidence or witnesses. The person the order is sought against does not have to appear. Either way, the judge will still hear the evidence and decide.
How long does a South Dakota protection order last?+
The judge decides the length at the hearing, up to a maximum of five years.
Does a South Dakota protection order affect gun rights?+
The judge can order that the restrained person not possess a firearm while the order is active. It is a federal violation for that person to possess one while subject to a permanent protection order.
What if I already have a divorce or custody case in South Dakota?+
Tell the court about it. The clerk will typically assign the protection order petition to the same judge already handling your divorce or child custody case.
This page is general information about protective orders in South Dakota, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with South Dakota's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in South Dakota. Virdix does not prepare or file South Dakota divorce paperwork. It is not a substitute for an attorney licensed in South Dakota.
More South Dakota divorce guides
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