Protective orders, often called restraining orders, exist to protect victims of domestic violence. Unfortunately, anymore, people do not always seek protective orders for the right reasons. This results in some South Dakota residents having protective orders put into effect against them when they shouldn’t be, and the consequences can be significant. Can a PO, once granted, receive a dismissal?
The short answer to this question is yes. Of course, every case is different. Achieving a PO dismissal, or even modification, will not prove an easy feat.
Who can get a PO in South Dakota?
A person involved in a specific type of relationship may seek an order of protection in the state of South Dakota if he or she is the victim of domestic violence. Such relationships may include:
- Spousal
- Significant other
- Parent-child
- Sibling
In other words, these orders are not meant for people to file against strangers. They are for those whose abusers have family or intimate ties.
How long does a PO remain in effect?
The state offers both temporary and long-term restraining orders. They can last for as little as 30 days or up to five years. If the alleged victim feels it necessary to seek an extension, he or she can do that.
What does a PO do?
A PO makes it illegal for an alleged abuser to contact or be near the victim and the victim’s children — if applicable. It may also make it illegal for the alleged abuser to keep any weapons in his or her possession. If someone files a PO against you and you fail to abide by the terms, the courts may hold you in contempt, and police may arrest you.
Fighting a PO
If one can prove that someone sought a PO in bad faith by the alleged victim, it may be possible to have the order dismissed. If a dismissal is not an option, in some cases, it may be possible to have certain aspects of the order modified. To fight a PO, you will need evidence that the alleged victim lied to get the order in the first place, or you will need to take steps to prove it is no longer necessary.
Why fight?
A PO does not just affect your family life; it can also affect you on a professional level. There is a certain stigma that comes with it. So, fight to protect yourself and those family relationships you wish to keep intact.