CHAPTER 161

(HB 1117)

Term for a protection order increased.

         ENTITLED, An Act to  permit the extending of the duration of stalking and protection orders.

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," 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. 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;

             (2)      "Family or household members," spouses, former spouses, or persons related by consanguinity, adoption, or law, persons living in the same household, persons who have lived together, 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 three 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.

     Section  2.  That § 22-19A-11 be amended to read as follows:

     22-19A-11.   Upon notice and a hearing, if the court finds by a preponderance of the evidence that stalking has taken place, the court may provide relief as follows:

             (1)      Restrain any party from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9);

             (2)      Order other relief as the court deems necessary for the protection of the person seeking the protection order, including orders or directives to law enforcement officials.

     Any relief granted by the order for protection shall be for a fixed period and may not exceed three five years.

     Signed February 28, 2007

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