Divorce cases can often be emotionally charged and can lead to dangerous situations for one or both spouses involved. It is crucial to ensure the safety of individuals in such cases. South Dakota’s Family Abuse Prevention Act (FAPA) provides for protection orders to help protect individuals from abuse and ensure the safety of the family.
What are Protection Orders?
Protection orders are legal documents issued by courts to provide legal protection for individuals who may be at risk of being harmed by another person. These orders are commonly used in cases of domestic violence, dating violence, or stalking. They aim to safeguard individuals and prevent abusive behavior.
Types of Protection Orders
In South Dakota, various types of protection orders can be issued to prevent domestic violence and ensure the safety of victims. These include:
Temporary Protection Order (TPO)
A temporary protection order, often referred to as TPO, is a court order issued in emergency situations where an individual believes they are in immediate danger from another person. It serves as a temporary solution, providing protection for a defined period. To obtain a TPO, an individual must file a petition in court. Typically, this order remains effective for a period of up to 14 days.
Protection Order (PO)
A protection order, or PO, is a long-term solution for individuals who cannot avoid contact with their abuser. These orders can provide protection for up to one year. To acquire a permanent order of protection, the individual must attend a court hearing where both parties can present their evidence and testimony. This comprehensive process ensures that the decision to issue a protection order is made fairly and judiciously.
Domestic Violence Protection Order (DVPO)
A domestic violence protection order (DVPO) is a court order issued to protect individuals from abuse by a family or household member. It is typically utilized when harm is caused by one family or household member to another. Domestic violence protection orders can last for up to two years, providing an extended period of legal protection for victims.
How to Obtain a Protection Order in South Dakota
To obtain a protection order in South Dakota, an individual must visit their local court and complete a petition for a protection order. This petition must outline the individual’s experience of domestic violence, stalking, or other forms of abuse. After submitting the form, the court will review it to determine if the individual qualifies for an emergency order.
If the court finds that the individual is in immediate danger, they will issue a temporary order of protection that remains valid for up to 14 days. Following this, a court hearing will be conducted to assess the need for a permanent protection order. Attending this hearing is crucial, as it allows both parties to present their evidence and arguments. Ultimately, the court will decide whether to grant a permanent order of protection, which can last for a year or longer.
How to Enforce a Protection Order
Once a protection order has been issued in South Dakota, it is essential to ensure its enforcement. Any violation of the terms stated in the court order can be considered contempt of court and carry severe penalties, including fines and jail time.
To enforce a protection order effectively, individuals should immediately contact 911 and report the violation. The police can provide assistance in enforcing the order and arresting the abuser if necessary. It is crucial to keep a copy of the protection order in a safe place and share it with the local law enforcement office to ensure prompt action and protection.
Conclusion
Obtaining a protection order during a divorce case can be a crucial lifeline for individuals experiencing abuse or domestic violence. If you find yourself in immediate danger, it is vital to contact 911 or a local law enforcement office immediately. By following the steps outlined in this guide, you can successfully obtain a protection order that provides legal protection and ensures the safety of yourself and your family. Remember, your safety is of utmost importance, and assistance is available to help protect you from harm.