South Dakota Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment

State:
Multi-State
Control #:
US-CMP-10021
Format:
Word; 
Rich Text
Instant download

Description

This form is a Petition for a Temporary Restraining Order and Pertinent Injunction. The form must be filed in order to prohibit any contact between the named parties on a permanent basis. The form must be signed in the presence of a notary public.
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  • Preview Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
  • Preview Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
  • Preview Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
  • Preview Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
  • Preview Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment

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FAQ

Protection Orders must be applied for at the Clerk of Courts Office on the second floor of the Pennington County Courthouse. The phone number for the Clerk of Courts Office in reference to protection orders is 605-394-2575.

Source: SL 1997, ch 131, § 8. 22-19A-16. Protection order--Violation--Penalty. If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16, inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.

To obtain a restraining order in Indiana, you should first speak with a protective order attorney. Your attorney will ensure the paperwork is properly filled out and filed with the county clerk's office. You must be able to prove the other person physically harmed you or placed you in fear of physical harm.

The temporary order will last until you can have a full court hearing on your application for a permanent order, which is usually within 5 to 15 days. A permanent order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story.

If either party were to enter any public place, like a grocery store, restaurant, or event venue, and see each other, the accused would need to leave immediately. Any contact the accused has with the alleged victim, no matter where it is, can be seen as a CPO or NCO violation.

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.

If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16, inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.

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South Dakota Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment