An order of protection, commonly referred to as a restraining order, is issued by a court to safeguard individuals from harm or harassment. In South Dakota, these orders are particularly relevant in cases involving domestic violence, stalking or harassment. The...
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3 things to do if there is an active protection order against you
Couples disagree all the time. But when these disagreements escalate to the point of violence or threats of violence, the government might get involved. In this case, the court may issue a protective order against the aggressive party. If an order of protection is...
Do you know your Miranda rights?
If you watch crime TV shows, you are probably familiar with the words "you have the right to remain silent." These words are part of a set of rights that police must read to a person when they arrest them. Origins of Miranda rights In 1966, the United States Supreme...
What to do when you are charged with domestic violence
A domestic violence charge can affect your life significantly. An intimate partner may accuse you of any form of this offense, be it physical, sexual, economic, emotional, and so on. Domestic violence is a sensitive matter – you can potentially face severe...
How a protective order could affect child custody matters
Learning that someone is seeking a protective order can feel very insulting, and many people rush to defend themselves against allegations of aggressive behavior or stalking. Others believe that the allegations they face are a sure sign they should wash their hands of...
Violating a protective order can be serious
Differences are inevitable in any relationship. However, when those differences escalate to the point of violence or a threat of violence, the court may impose a protective order against the alleged aggressive party. Basically, a protective order, as the name...
What if you are falsely accused of domestic violence?
Being accused of domestic violence comes with serious yet lasting consequences: an arrest, arraignment, order of protection, reputational damage and possible jail time if you are convicted. And since most domestic abuse claims generally involve intimate partners, they...
Mistakes to avoid when facing domestic violence charges
Most states, including South Dakota, take domestic violence allegations extremely seriously. Most calls in which domestic violence is suspected usually end in arrest. While strict domestic violence laws are meant to protect victims, they can also be misapplied. Anyone...
How can you respond to a protection order that impacts your life?
Protection orders exist to help people in vulnerable situations. Someone who has had to endure intimate partner violence, assault from a family member or stalking could petition the courts in South Dakota for a protective order. If granted, such an order can limit...
Domestic violence can affect child custody rights in South Dakota
South Dakota, like most states, has a tough stance on domestic violence and abusive parents. Whenever custody matters are involved, the goal of the child custody ruling is always to act in the child’s best interest. And this usually involves providing a safe and...