How to Get a Protection Order in South Dakota
Survivor-focused explanation of South Dakota protection orders.
Overview of Protection Orders in Canada
Who Can Usually Ask for a Protection Order
In many parts of Canada, a person can ask the court for a protection order if they are experiencing threats, intimidation, stalking, or physical, sexual, or psychological harm from:
- a current or former partner or spouse
- a family member or relative
- sometimes another person who is causing ongoing harm or fear
Some provinces have specific “family violence” or “intimate partner violence” laws, while others use general peace bonds or restraining orders.
Temporary Order → Service → Full Hearing
1. Temporary or Emergency Protection Order
In many regions, a person can ask for a temporary or emergency order, especially if there is an urgent safety concern. This may be done:
- at court during regular hours, or
- through an emergency process (sometimes by phone) when courts are closed, depending on the region.
Judges often decide temporary orders based mainly on written information and short explanations. The other person (the respondent) may not be present at this first step.
2. Service on the Other Person
After a temporary order is made, it usually must be “served” on the other person so they know about the order and the next court date. Service is often done by:
- police or a sheriff
- a professional process server
- in some situations, another approved adult
The person asking for the order usually does not have to hand it directly to the other person. Courts often require proof that the other person received the documents.
3. Full Hearing or Review
A later court date is usually set for a more complete hearing. At that stage:
- both people may have an opportunity to speak, file documents, or present witnesses
- a judge may decide to keep, change, add conditions to, or end the order
- if the other person does not attend, the judge may still decide based on the information available
Common Types of Protections in Orders
Protection orders can include different conditions, depending on the situation and the law being used. Examples can include:
- No contact: Not contacting the protected person by phone, text, messages, email, social media, or through others, except as allowed by the order.
- Stay away conditions: Staying a certain distance away from the protected person, their home, workplace, or school.
- Residence conditions: Not attending at a shared home, or allowing the protected person to stay in the home for a time.
- Children-related conditions: Setting rules for contact or exchanges of children, sometimes through a third party or safe location.
- Weapons conditions: Requiring the surrender of firearms and other listed weapons, and not obtaining new ones.
- Other safety-related rules: For example, not following, watching, or tracking the protected person, or not posting about them online.
How Long Protection Orders Can Last
The duration of a protection order depends on the type of order and the law used. In Canada, common patterns include:
- Short-term emergency orders: Sometimes last a few days or weeks, until a full hearing is held.
- Fixed-term orders: May last several months to a few years, depending on the province or territory.
- Orders tied to criminal charges: Conditions may stay in place while criminal charges are before the court and sometimes longer, based on the outcome.
Many orders can be reviewed, extended, changed, or ended if circumstances change. This usually requires another court appearance or application.