State Codes and Statutes

Statutes > South-dakota > Title-25 > Chapter-10 > Statute-25-10-5-2

25-10-5.2. Restrictions on issuance of mutual orders for protection against abuse. No court may, pursuant to the provisions of § 25-10-5, issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless:
(1) Both the petitioner and the respondent personally appear;
(2) The respondent alleges, under oath, the existence of domestic abuse by stating the specific facts and circumstances of the domestic abuse;
(3) The court finds, by a preponderance of the evidence, that domestic abuse has taken place.

Source: SL 1996, ch 169.

State Codes and Statutes

Statutes > South-dakota > Title-25 > Chapter-10 > Statute-25-10-5-2

25-10-5.2. Restrictions on issuance of mutual orders for protection against abuse. No court may, pursuant to the provisions of § 25-10-5, issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless:
(1) Both the petitioner and the respondent personally appear;
(2) The respondent alleges, under oath, the existence of domestic abuse by stating the specific facts and circumstances of the domestic abuse;
(3) The court finds, by a preponderance of the evidence, that domestic abuse has taken place.

Source: SL 1996, ch 169.