How to Get a Protection Order in South Dakota
Reviewed by DocDraft Legal Team · South Dakota · Last updated September 17, 2026
In South Dakota, a domestic abuse protection order is a civil court order that directs an abuser to stop the abuse and stay away from you, and it can be granted for a fixed period of up to five years (SDCL 25-10-5). You seek one under South Dakota's Protection from Domestic Abuse law (SDCL chapter 25-10) when a family or household member has harmed you, tried to harm you, or put you in fear of imminent harm. You start by filing a Petition for Domestic Abuse Protection Order (Form UJS-091A) with the clerk of courts for the circuit court in the county where you live or where the abuse happened. There is no filing fee (SDCL 16-2-29). If your petition shows immediate and irreparable injury, a judge can sign an ex parte temporary protection order the same day, without the other person present (SDCL 25-10-6). That temporary order is effective for thirty days, until a full hearing (SDCL 25-10-7). At the hearing, if the court finds by a preponderance of the evidence that domestic abuse took place, it can grant a final protection order for a fixed period not to exceed five years (SDCL 25-10-5). If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.
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How do I get a protection order in South Dakota?
File a Petition for Domestic Abuse Protection Order (Form UJS-091A) with the clerk of courts for the circuit court in the county where you live or where the abuse happened. There is no filing fee (SDCL 16-2-29). A judge can sign a temporary order the same day your petition shows immediate danger.
How long does it take to get a protection order in South Dakota?
A judge can grant an ex parte temporary protection order the same day you file, without the other person present, if your affidavit alleges immediate and irreparable injury (SDCL 25-10-6). That temporary order is effective for thirty days, until a full hearing on your petition (SDCL 25-10-7).
How long does a protection order last in South Dakota?
A temporary protection order lasts thirty days, until your hearing (SDCL 25-10-7). After the hearing, if the court finds domestic abuse by a preponderance of the evidence, it can grant a final protection order for a fixed period that may not exceed five years (SDCL 25-10-5).
Which court handles protection orders in South Dakota?
You file with the clerk of courts for the circuit court, in the county where you live or where the abuse occurred. South Dakota's Unified Judicial System publishes the domestic abuse protection order forms and an interactive tool so you can prepare your petition without a lawyer.
South Dakota protection order law at a glance
In South Dakota, a domestic abuse protection order is a civil court order that tells an abuser to stop the abuse and stay away from you, issued under the Protection from Domestic Abuse law (SDCL chapter 25-10). You ask for one by filing a Petition for Domestic Abuse Protection Order (Form UJS-091A) with the clerk of courts for the circuit court, and there is no filing fee (SDCL 16-2-29). If your affidavit alleges immediate and irreparable injury, a judge can sign an ex parte temporary protection order the same day, without the other person present (SDCL 25-10-6). That temporary order is effective for thirty days, until a full hearing (SDCL 25-10-7). If the court then finds domestic abuse by a preponderance of the evidence, it can grant a final protection order for a fixed period that may not exceed five years (SDCL 25-10-5).
Getting a South Dakota protection order after threats from a former partner
In South Dakota, a final protection order can run for up to five years, so it is worth preparing your petition carefully. Suppose a former household member has been threatening you and showing up at your home. You complete a Petition for Domestic Abuse Protection Order (Form UJS-091A) describing the threats with dates and file it with the clerk of courts at no cost (SDCL 16-2-29). Because your affidavit alleges immediate and irreparable injury, a judge signs an ex parte temporary protection order that day, effective for thirty days until a hearing (SDCL 25-10-6, 25-10-7). A sheriff's deputy serves the papers. At the hearing you show the messages and testify, and the court grants a final protection order for three years (SDCL 25-10-5). You keep a copy with you and calendar the expiration. Attorney review of your petition is available through DocDraft.
Relevant Laws
SDCL 25-10-6 (ex parte temporary protection order)
Provides that if an affidavit alleges immediate and irreparable injury, loss, or damage will result before an adverse party can be heard, the court may grant an ex parte temporary protection order pending a full hearing.
SDCL 25-10-7 (thirty day duration of the temporary order)
Provides that an ex parte temporary protection order is effective for a period of thirty days unless the court grants a continuance for good cause, and requires the respondent to be personally served without delay.
SDCL 25-10-5 (relief on finding abuse and five year limit)
Provides that after notice and a hearing, if the court finds domestic abuse by a preponderance of the evidence, it may grant relief, and that any relief granted shall be for a fixed period and may not exceed five years.
SDCL 16-2-29 (no filing fee)
Sets the clerk of courts fee schedule and provides that no filing fee may be required in any action under section 22-19A-8, 22-19A-12, 25-10-3, or 25-10-6, which include the domestic abuse petition and ex parte order.
Regional Variances
South Dakota protection order rules at a glance
Order name
Domestic Abuse Protection Order, issued under the Protection from Domestic Abuse law (SDCL chapter 25-10). A separate stalking or physical injury protection order (SDCL chapter 22-19A) covers abuse by people outside a family or household relationship.
Where to file
The clerk of courts for the circuit court, in the county where you live or where the abuse occurred. There is no filing fee (SDCL 16-2-29).
Emergency and temporary orders
If your affidavit alleges immediate and irreparable injury, a judge can grant an ex parte temporary protection order the same day (SDCL 25-10-6). It is effective for thirty days, until a full hearing (SDCL 25-10-7).
Final order duration
After a hearing where the court finds domestic abuse by a preponderance of the evidence, a final protection order can be granted for a fixed period that may not exceed five years (SDCL 25-10-5).
Main form
Form UJS-091A, Petition for Domestic Abuse Protection Order, filed with the Petitioner Information Form (UJS-90B). Forms are free through the South Dakota Unified Judicial System self-help site.
Suggested Compliance Checklist
Complete the Petition for Domestic Abuse Protection Order (UJS-091A)
As soon as possible after the abuse days after startingFill out Form UJS-091A and the Petitioner Information Form (UJS-90B), describing the abuse, your relationship, and specific dates. Use the free Unified Judicial System self-help forms. Attorney review of your petition is available through DocDraft.
File your petition with the clerk of courts
Same day you finish the forms days after startingFile your petition with the clerk of courts for the circuit court in the county where you live or where the abuse occurred. There is no filing fee (SDCL 16-2-29). Ask the clerk when the judge will decide on a temporary order.
Get and carry the temporary protection order
Same day the judge signs it days after startingIf the judge grants a temporary protection order (SDCL 25-10-6), get the signed UJS-091C and keep a copy with you. It is effective for thirty days, until your hearing (SDCL 25-10-7). Note your hearing date from the notice.
Arrange service on the respondent
Before the hearing days after startingHave the respondent personally served without delay with the temporary order, petition, affidavit, and notice of hearing (SDCL 25-10-7). A sheriff or law enforcement officer serves the papers. Service is required for the court to grant a final order.
Attend the court hearing with your evidence
Within thirty days, on the hearing date days after startingGo to the hearing and bring photos, messages, and any witnesses. Both sides can testify. If the court finds domestic abuse by a preponderance of the evidence, it can grant a final protection order (SDCL 25-10-5). If you miss the hearing, your temporary order can expire.
Track the expiration and plan ahead
Before the order expires (up to 5 years out) days after startingA final protection order runs for a fixed period that may not exceed five years (SDCL 25-10-5). Calendar the expiration date. If you still need protection when it ends, you can file a new petition based on current circumstances.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Complete the Petition for Domestic Abuse Protection Order (UJS-091A) | Fill out Form UJS-091A and the Petitioner Information Form (UJS-90B), describing the abuse, your relationship, and specific dates. Use the free Unified Judicial System self-help forms. Attorney review of your petition is available through DocDraft. | - | As soon as possible after the abuse |
| File your petition with the clerk of courts | File your petition with the clerk of courts for the circuit court in the county where you live or where the abuse occurred. There is no filing fee (SDCL 16-2-29). Ask the clerk when the judge will decide on a temporary order. | - | Same day you finish the forms |
| Get and carry the temporary protection order | If the judge grants a temporary protection order (SDCL 25-10-6), get the signed UJS-091C and keep a copy with you. It is effective for thirty days, until your hearing (SDCL 25-10-7). Note your hearing date from the notice. | - | Same day the judge signs it |
| Arrange service on the respondent | Have the respondent personally served without delay with the temporary order, petition, affidavit, and notice of hearing (SDCL 25-10-7). A sheriff or law enforcement officer serves the papers. Service is required for the court to grant a final order. | - | Before the hearing |
| Attend the court hearing with your evidence | Go to the hearing and bring photos, messages, and any witnesses. Both sides can testify. If the court finds domestic abuse by a preponderance of the evidence, it can grant a final protection order (SDCL 25-10-5). If you miss the hearing, your temporary order can expire. | - | Within thirty days, on the hearing date |
| Track the expiration and plan ahead | A final protection order runs for a fixed period that may not exceed five years (SDCL 25-10-5). Calendar the expiration date. If you still need protection when it ends, you can file a new petition based on current circumstances. | - | Before the order expires (up to 5 years out) |
Frequently Asked Questions
No. South Dakota charges no filing fee for a domestic abuse protection order. SDCL 16-2-29 provides that no filing fee may be required in any action under sections 25-10-3 or 25-10-6, the domestic abuse petition and ex parte order provisions. The court also cannot require you to post security except in exceptional circumstances (SDCL 25-10-8).
South Dakota's domestic abuse law protects you from a family or household member: someone you are or were married to, related to by blood or marriage, living with or formerly living with, sharing a child with, or dating (SDCL 25-10-3.1). For abuse by anyone else, a stalking protection order applies (SDCL chapter 22-19A).
You start with Form UJS-091A, the Petition for Domestic Abuse Protection Order, and the Petitioner Information Form (UJS-90B). If a temporary order is granted, the court uses Form UJS-091C, and a final order after the hearing uses Form UJS-091F. The Unified Judicial System posts all of these forms free on its self-help site.
If your affidavit alleges that immediate and irreparable injury will result before the other side can be heard, the court may grant an ex parte temporary protection order without a hearing (SDCL 25-10-6). It is effective for thirty days, until a full hearing, unless the court grants a continuance for good cause (SDCL 25-10-7).
At the hearing, both you and the respondent can appear, present evidence, and testify. The court decides whether domestic abuse took place by a preponderance of the evidence (SDCL 25-10-5). If it finds abuse, it can order the respondent to stop the abuse, stay away, and leave a shared home, for a fixed period up to five years.
A South Dakota protection order runs only for the fixed period the court set, which cannot exceed five years (SDCL 25-10-5). It does not renew automatically. To keep protection in place, you can file a new petition based on current circumstances before or after the order ends. Track the expiration date on your order.
Violating a domestic abuse protection order is a crime in South Dakota. Call law enforcement, who can arrest the person, and the court can also hold the violator in contempt. Keep a copy of your order with you and report every violation. Active orders are entered in a law enforcement database so officers can verify and enforce them.
No. South Dakota's Unified Judicial System provides the petition and forms free, along with a legal forms helpline, so people can request a domestic abuse protection order on their own. Many petitioners file without a lawyer. Legal help can be useful if the case is contested or the respondent has an attorney.
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