Domestic Violence and Protection Orders

The Pennington County State’s Attorneys Office has a special prosecutor and victims advocate assigned to cases involving partner-related domestic violence.  The advocate is available to answer questions about the court process, inform victims of their rights, accompany a victim to court, assist a victim with filing for a Protection Order, and assist a victim by making community referrals.  If you are a victim of domestic violence, please call 605-394-2191 to speak to the advocate. 

Domestic violence is defined under SDCL 25-10-1. This includes violence perpetrated on any family or household member.

If Law Enforcement is summoned to a domestic violence call, several statues apply (see SDCL 25-10-36). If Law Enforcement has probable cause to believe that a crime has been committed, the officer is required to arrest the person who is suspected of committing the crime.

The officer shall arrest the person whom he/she believes to be the predominant aggressor. The person arrested for domestic abuse may not be released from jail until he has gone before a judge who will determine bond and other conditions of release that are necessary for the protection of the victim. Under SDCL 25-10-23 a person charged with an assault involving domestic violence and a bond is authorized, a condition of No Contact with the victim SHALL be stated and incorporated into the terms of the bond.  A violation of the No Contact Order is a class 1 misdemeanor.  Any violation of a No Contact Order should be reported to Law Enforcement immediately.  For more information, see SDCL 25-10-23, 25-10-41 AND 22-19A-17.

WAVI is an emergency shelter for victims of partner-related domestic violence.  WAVI also offers other forms of advocacy as well.  The telephone number for WAVI is 605-341-3292.  In an emergency please contact the Crisis Line at phone number 605-341-4808.

A Protection Order is a legal document signed by a judge prohibiting a person from contacting the petitioner. There are two types of Protection Orders available in South Dakota – a Protection Order for Domestic Abuse and a Protection Order for Stalking or From Physical Harm.  A violation of a Protection Order is a Class I misdemeanor. Protection Orders are civil matters, but a criminal charge results when a Protection Order is violated.  Any violation of a protection order should be reported to Law Enforcement immediately. 

A Protection Order may be filed at the Pennington County Courthouse Clerk of Courts Office, which is located on the Second Floor of the Pennington County Courthouse, at 315 St. Joseph Street, Rapid City, SD. Questions about obtaining a protection order can be addressed to staff in the Clerk of Courts Office at 605-394-2575.  There are also community agencies that may be able to assist in filing for a Protection Order, such as Working Against Violence, Inc. at 605-341-3292.

You may also file for a Protection Order online by visiting the South Dakota Unified Judicial System website at http://ujs.sd.gov.  From the website, click on Forms, and then choose Domestic Protection Order or Stalking Protection Order.