South Dakota Domestic Violence Laws

In South Dakota, an individual who commits domestic abuse can face mandatory arrests, incarceration, protective orders, and firearm restrictions. This article provides an overview for anyone who's been accused of domestic abuse or is interested in understanding the law. Read on to learn how South Dakota addresses domestic abuse, what crimes qualify as domestic abuse, and the penalties and consequences for harming someone in a personal relationship.

What Is Domestic Abuse in South Dakota?

South Dakota defines "domestic abuse" as physical harm, attempted harm, threats of harm, stalking, or a crime of violence committed by or against someone in a personal relationship. It also includes a domestic abuse protection order violation.

Crimes of violence include murder, manslaughter, aggravated assault, robbery, first-degree burglary, arson, kidnapping, felony sexual contact, felony child abuse, and any felony involving force or a weapon.

Personal relationships include:

• current and former spouses
• persons currently involved in a significant romantic relationship or who were involved in the past 12 months
• persons who share a child (including expectant parents)
• parents and children (related by blood, adoption, marriage, or guardianship), and
• siblings (related by blood, adoption, or marriage).

Civil protection order. Anyone who suffers domestic abuse can ask the court for a protection order to stop the abuse. The order can also direct the abusing party to move out of a shared residence. This type of relief goes through civil court.

Criminal charges. A state's attorney can also file criminal charges against an abuser for any crimes committed against the victim, such as assault, stalking, or rape.

(S.D. Codified Laws §§ 25-10-1, 25-10-3.1, 25-10-5 (2024).)

What Are Domestic Violence Crimes in South Dakota?

South Dakota doesn't have a specific "domestic violence" crime. But, any time a state's attorney believes a crime involved domestic abuse (as defined above), they must add a domestic abuse indicator to the file. A domestic abuse indicator triggers several ramifications, including no-contact orders, probation requirements, and possible weapons surrender.

No-Contact Orders Upon Arrest or Conviction

The law prohibits a person arrested for a domestic abuse crime or violation of a protection order from contacting the victim before their first court appearance. Contact includes any means of communication, including through third parties. The judge can order a similar no-contact order upon conviction for a domestic abuse crime. A violation carries class 1 misdemeanor penalties.

(S.D. Codified Laws §§ 25-10-25, 25-10-43 (2024).)

Domestic Abuse Counseling Required on Probation

A defendant who receives probation as part of their sentence for a domestic abuse conviction must agree to counseling as a condition of probation. Domestic abuse counseling may cover emotional regulation, issues relating to power and control, and accountability. Failure to attend required counseling violates probation and can result in incarceration.

(S.D. Codified Laws § 25-10-5.1 (2024).)

Surrender of Weapon or Concealed Pistol Permit

For the protection of a domestic abuse victim, the court can order a defendant to surrender any dangerous weapons or concealed pistol permit.

(S.D. Codified Laws § 25-10-24 (2024).)

Criminal Charges for Domestic Abuse in South Dakota

Common domestic abuse criminal charges in South Dakota include assault, strangulation, stalking, and protection order violations.

Domestic Assault and Strangulation

South Dakota has several assault crimes, including simple and aggravated assault.

Simple assault crimes typically involve acts that cause, attempt to cause, or place another in fear of bodily harm. For instance, slapping, kicking, or punching someone are all examples of assault, as is threatening or attempting to commit any of these acts. A person charged with simple assault faces class 1 misdemeanor charges, unless they have a record of assault convictions. Anyone facing a third or subsequent assault conviction within 10 years can be charged with a class 4, 5, or 6 felony.

Aggravated assault crimes are always felonies. This assault level generally involves acts that cause or attempt to cause another serious bodily harm (such as broken bones, serious lacerations, or injuries requiring surgery) or involve a dangerous weapon. Strangulation also falls under aggravated assault. A conviction means class 3 felony penalties.

(S.D. Codified Laws §§ 22-18-1, 22-18-1.1 (2024).)

Stalking Crimes

Another common charge associated with domestic abuse is stalking. Stalking involves maliciously and repeatedly following or harassing another person, whether these acts occur in person or through written, electronic, or verbal communications. Making credible threats that place another in fear of great bodily harm or death is also stalking.

A first conviction carries class 1 misdemeanor penalties—unless there's a protection order in place. Stalking in violation of a protection order is a class 6 felony. Repeat stalking convictions are also felonies. For instance, a person convicted of a second stalking conviction in 10 years will face charges for a class 6 felony. If the charges involve the same victim, violence, or a credible threat of violence, a repeat conviction (in 7 years) increases to a class 5 felony.

(S.D. Codified Laws §§ 22-19A-1, 22-19A-2, 22-19A-3 (2024).)

Domestic Abuse Protection Order Violations

Defendants who violate a protection order or no-contact order commit a class 1 misdemeanor. A violation resulting from an assault or stalking incident, however, is a class 6 felony. Repeat violations also carry felony penalties. A person convicted of a third or subsequent violation within 10 years can face class 4, 5, or 6 felony charges, depending on the number of priors.

(S.D. Codified Laws § 25-10-13 (2024).)

Penalties for Domestic Abuse Crimes

The penalties for the offenses listed above carry the following maximum sentences:

• class 1 misdemeanor: one year in jail and a $2,000 fine
• class 6 felony: 2 years in prison and a $4,000 fine
• class 5 felony: 5 years in prison and a $10,000 fine
• class 4 felony: 10 years in prison and a $20,000 fine, and
• class 3 felony: 15 years in prison and a $30,000 fine.

Habitual offender laws may increase the maximum sentences that apply. Judges can also order restitution to compensate the victim for medical bills or other expenses related to the crime.

(S.D. Codified Laws §§ 22-6-1, 22-6-2 (2024).)

Arrest, Bail, and Firearm Restrictions in South Dakota Domestic Abuse Cases

On top of incarceration, South Dakota law imposes the following conditions and restrictions in domestic abuse cases.

Mandatory Arrest in Domestic Abuse Cases

South Dakota makes it mandatory for police to arrest a person suspected of committing domestic abuse. The officer must also place a domestic-abuse indicator in the arrest file and fingerprint document.

(S.D. Codified Laws § 25-10-36 (2024).)

Bail in Domestic Abuse Cases

A person arrested for domestic assault or violating a protection order cannot be released until going before a judge or magistrate to set bail conditions for the protection of the victim. Contact with the victim is also prohibited unless expressly allowed by the judge. Prohibited contact is a class 1 misdemeanor. Violating other release conditions can mean re-arrest, jail time, or forfeiture of bail.

(S.D. Codified Laws §§ 22-19A-17, 25-10-40 (2024).

Firearm Restrictions in Domestic Abuse Cases

Defendants convicted of a felony crime of violence or misdemeanor domestic violence crime lose their right to possess firearms under South Dakota law. For misdemeanor convictions, the firearm prohibition lasts one year from the date of conviction. A violation results in a class 1 misdemeanor. Other prohibitions last 15 years after discharge or completion of the sentence and carry class 6 felony penalties for a violation.

Federal law also prohibits firearm possession by anyone convicted of a felony or a misdemeanor domestic violence crime. These restrictions are lifetime. A violation can mean up to 15 years in federal prison.

(S.D. Codified Laws §§ 22-14-15, 22-14-15.2 (2024); 18 U.S.C. §§ 922, 924 (2024).)

Talk to an Attorney

If you face criminal charges for domestic abuse crimes or were served with a protection order, contact a criminal defense lawyer. An attorney can help you understand what's at stake and how to best protect yourself.