Petitions for protection orders procedure clarified.
ENTITLED, An Act to
clarify certain provisions relating to petitions for protection orders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended to read as follows:
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
in cases of
a crime of violence as defined
in subdivision 22-1-2(9). Procedures for the action are as follows:
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
A petition shall allege the existence of
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
as a result of an assault or crime of violence
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.
Signed March 6, 2007