State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

715T0524   HOUSE JUDICIARY ENGROSSED    NO.  SB 141 -  2/27/2012  

Introduced by:    Senators Peters, Buhl, Cutler, Holien, Nelson (Tom), and Nygaard and Representatives Gibson, Abdallah, Blake, Hunhoff (Bernie), Kirkeby, Perry, Street, and Turbiville
 

        FOR AN ACT ENTITLED, An Act to revise the legal definition of the term, domestic abuse.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 25-10-1 be amended to read as follows:
    25-10-1. Terms used in this chapter mean:
            (1)    "Domestic abuse, domestic violence, spousal abuse, battering, family violence, and intimate violence," physical harm, bodily injury, or attempts to cause physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury between family or household members, or a pattern of abusive behaviors by one partner in an intimate relationship such as marriage or cohabitation. Any violation of § 25-10-13 or chapter 22-19A or any crime of violence as defined in subdivision 22-1-2(9) constitutes domestic abuse if the underlying criminal act is committed between family or household members partners in an intimate relationship as defined in this subdivision;
            (2)    "Family or household members," spouses, former spouses, or persons related by

consanguinity, adoption, or law, persons living in the same household in an intimate relationship, persons who have lived together in an intimate relationship, or persons who have had a child together;

            (3)    "Protection order," an order restraining any family or household member from committing any act of domestic abuse or an order excluding any family or household member from the dwelling or residence of another family or household member, whether or not the dwelling or residence is shared. A protection order has a duration of five years or less; and
            (4)    "Temporary protection order," an order restraining any family or household member from committing any act of domestic abuse or an order excluding any family or household member from the dwelling or residence of another family or household member, whether or not the dwelling or residence is shared. A temporary protection order has a duration of thirty days except as provided in § 25-10-7.1.