2019 South Dakota Codified Laws
Title 22 - Crimes
Chapter 19A - Stalking
§ 22-19A-8 Petition for protection order--Procedures.
22-19A-8. Petition for protection order--Procedures. There exists an action known as a petition for a protection order in cases of stalking, in cases of physical injury as a result of an assault, or in cases of a crime of violence as defined in subdivision 22-1-2(9). Procedures for the action are as follows:
(1) A petition under this section may be made against any person who violates § 22-19A-1 or against any other person against whom stalking or physical injury as a result of an assault or in cases where a crime of violence is alleged;
(2) A petition shall allege the existence of (a) stalking or (b) physical injury as a result of an assault or (c) a crime of violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the stalking or the physical injury as a result of an assault or crime of violence;
(3) A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.
The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The attorney general shall prepare the standard petition form.
Source: SL 1997, ch 131, § 1; SL 2000, ch 101, § 2; SL 2002, ch 129, § 2; SL 2007, ch 143, § 1.
