South Dakota Codified Laws 21-65-11. Relief available for vulnerable adult abuse
Upon a finding by a preponderance of the evidence that vulnerable adult abuse has occurred, the court may order any of the following:
(1) That the respondent be required to move from the residence of the vulnerable adult if both the vulnerable adult and the respondent are titleholders or contract holders of record of the real property, are named as tenants in the rental agreement concerning the use and occupancy of the dwelling unit, are living in the same residence, or are married to each other;
Terms Used In South Dakota Codified Laws 21-65-11
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) That the respondent provide suitable alternative housing for the vulnerable adult;
(3) That a peace officer accompany the party who is leaving or has left the party’s residence to remove essential personal effects of the party;
(4) That the respondent be restrained from vulnerable adult abuse;
(5) That the respondent be restrained from entering or attempting to enter on any premises when it appears to the court that restraint is necessary to prevent the respondent from committing vulnerable adult abuse;
(6) That the respondent be restrained from exercising any powers on behalf of the vulnerable adult through a court-appointed guardian, conservator, or guardian ad litem, an attorney-in-fact, or another third party; and
(7) In addition to the relief provided in § 21-65-12, other relief that the court considers necessary to provide for the safety and welfare of the vulnerable adult.
Any relief granted by the order for protection shall be for a fixed period and may not exceed five years.
Source: SL 2016, ch 120, § 13; SL 2020, ch 214, § 48.