South Dakota Codified Laws 26-7A-107.1. Provisions for violation of order of protection
The following provisions apply if a person is alleged to have violated the terms and conditions of an order of protection entered pursuant to this chapter:
(1) The court shall set a hearing on the alleged violation and shall give five days’ notice to the person subject to the order of protection, and to any other parties to the proceedings;
Terms Used In South Dakota Codified Laws 26-7A-107.1
- 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.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) The person alleged to have violated the order of protection shall be given a written statement concerning the alleged violation;
(3) The person may be represented by legal counsel at the hearing and shall be entitled to the issuance of compulsory process for the attendance of witnesses;
(4) If the court finds by a preponderance of the evidence that the person violated the terms and conditions of the order of protection, the court may modify the terms and conditions of the order, or take other action permitted by applicable law, including sanctions provided for under criminal or civil contempt, which is in the best interests of the child and the public.
Source: SL 1996, ch 177, § 2.