Domestic Violence and South Dakota Family Court
How domestic violence may affect child custody decisions in South Dakota.
Domestic Violence, Parenting, and Court Decisions in Canada
1. Custody and Parenting Basics
In Canada, courts usually focus on the “best interests of the child.” Words and processes can differ by province or territory, but some common ideas appear across the country.
Different terms may be used:
- Decision-making responsibility / custody – who makes major decisions about the child’s health, education, religion, and other important matters.
- Parenting time / access – when and how the child spends time with each parent.
- Contact – time with a person who is not a guardian, such as a grandparent, if the court allows.
Courts generally look for arrangements that:
- Protect the child’s physical, emotional, and psychological safety
- Provide stability in housing, school, and daily routines
- Support the child’s relationships with safe caregivers
Each province and territory has its own family law rules and forms. Local legal clinics, duty counsel, or family justice services can explain how these terms are used where you live.
2. How Domestic Violence May Affect Parenting Decisions
Domestic and family violence can be an important factor in parenting and custody decisions. Courts often consider whether violence has affected:
- The safety and wellbeing of the child
- The safety and wellbeing of the other parent or caregivers
- The child’s sense of security in each home
- The ability of parents to communicate safely
In many cases, courts may:
- Limit or structure parenting time (for example, supervised visits or exchanges in a public place)
- Use written or third-party communication to reduce direct contact between adults
- Order conditions aimed at maintaining safety for the child and the non-abusive parent
Courts usually try to keep children connected with both parents when it is safe. Domestic violence concerns can change how parenting time is arranged, especially if there is a pattern of abuse or serious safety risks.
3. Safely Raising Domestic Violence Concerns
If domestic violence is part of your situation, it can be relevant to tell the court. Safety, privacy, and timing are important when sharing this information.
Planning how to share information
- Consider how the other person may react if they learn what you have told the court.
- Think about safer places and times to review or store court papers (for example, using a trusted person’s address or secure email, if available).
- Ask if there are ways to file documents or attend court without having direct contact with the other party.
Ways domestic violence concerns may be raised
- In written court documents, such as affidavits or statements
- Through family court forms that specifically ask about family violence
- During hearings, settlement conferences, or case conferences
- Through information shared by child protection services, if they are involved
It is usually safer to describe patterns and impacts (for example, how the child reacts or what you have had to change at home) rather than sharing unnecessary detail. If you have a lawyer, they can help decide what to include.
4. Examples of Evidence Court May Consider
Courts may consider many types of information when looking at domestic violence and parenting. Not all of the following will exist in every case, and you do not need to collect evidence in ways that put you at further risk.
Formal records
- Police reports or occurrence numbers
- Criminal charges or convictions
- Existing or past protection orders or peace bonds
- Child protection or social services records
- Medical or health clinic notes that mention injuries, fear, or stress linked to the relationship
Family and day-to-day information
- Text messages, emails, social media messages, or voicemails showing threats, control, or harassment
- Screenshots of calls or messages (with dates and times, if possible)
- Notes about incidents, including approximate dates, what happened, and how it affected you or the child
- School reports or notes from teachers about changes in the child’s behaviour or mood
- Witness statements from people who saw or heard incidents, or noticed impacts on you or the child
If you are gathering documents or screenshots, consider where they are stored. Where possible, avoid saving sensitive information on shared devices or accounts. For more ideas, see digital safety resources or local victim services.
Patterns and impact
Courts may pay close attention to patterns over time, such as:
- Repeated threats or intimidation, even if there are no criminal charges
- Stalking, monitoring, or digital surveillance
- Control over money, work, schooling, or social connections
- Attempts to use the children to control, threaten, or get information about the other parent
The effect on the child is often central, including:
- Fear, anxiety, or sleep problems linked to one parent
- Statements by the child about what they have seen or heard
- Regression (for example, bedwetting, clinging, or sudden behaviour changes)
- Needing ongoing safety planning during exchanges or visits
5. How Protection Orders and Parenting Orders Interact
Protection orders (sometimes called restraining orders, peace bonds, emergency protection orders, or other names) can affect how parenting time and communication happen.
Different types of orders
- Family or civil protection orders – often part of family or civil court; may address contact, home access, and communication.
- Criminal no-contact or release conditions – ordered by a criminal court as part of charges, bail, or sentencing.
- Parenting or custody orders – set out decision-making responsibility, parenting time, and how exchanges happen.
Where more than one court order exists, the rules about which order takes priority can be complex and may depend on your province or territory and the exact wording of each order.
Common safety-focused arrangements
When both domestic violence concerns and parenting issues are before the court, some common safety-related conditions may include:
- Exchanges at a neutral, public place or through a trusted third party
- Supervised parenting time through a relative or an agency, where available
- No in-person contact between adults, with communication only by monitored apps, email, or lawyers
- Limits on alcohol or substance use during parenting time, if relevant
Courts may change or update orders as circumstances shift, for example if:
- New safety concerns appear
- Criminal charges are added, changed, or resolved
- Someone is not following the order and the child’s safety is affected
6. Practical Safety and Support Considerations
Family court processes can be stressful and may increase conflict. Some people find it helpful to:
- Use safe contact information for court papers (such as a P.O. box or service address, if allowed)
- Let the court or security staff know if you have safety concerns at in-person hearings
- Ask about appearing by phone or video, where that option exists and feels safer
- Connect with local victim services or family support agencies for safety planning around court dates and child exchanges
Additional support options across Canada, including information about shelters, legal clinics, and victim services, can be found through resources listed at DV.Support.