If you are a victim and your abuser has a gun or you feel unsafe for other reasons, it is important to work with a victim advocate. The following organizations can help you find an advocate free of charge:
- The National Domestic Violence Hotline at (800) 799-SAFE;
- VictimConnect at (855) 484-2846;
- The South Dakota Coalition Ending Domestic and Sexual Violence at (800) 572-9196;
- Any of the local domestic violence programs listed here.
It is also helpful to have a lawyer assist you, particularly when you are seeking a protection order. You can find a lawyer using the State Bar of South Dakota’s website. If you cannot afford a lawyer, you can find your closest Legal Aid program here.
How to Get Protection
What kind of domestic violence protection orders are available in South Dakota?
South Dakota courts can issue two types of domestic violence protection orders. In both of these orders, the court can help protect you from gun violence or threats of gun violence by an intimate partner:
- Temporary protection orders1*
- (Final) protection orders2*
South Dakota courts can require respondents* to turn over their firearms to law enforcement.3Courts can also order whatever relief* they believe is necessary to protect you,4 including prohibiting the respondent from purchasing or possessing*firearms.
How can you get a protection order?
Click here to see if you are eligible for a protection order in South Dakota.
You can find your local court here.
Court forms and South Dakota’s official guide to obtaining a protection order can be found here.
What do I do if I do not qualify for protection as a victim of domestic violence but I still need protection from someone?
If you do not qualify for protection as a victim of domestic violence but need protection from someone (including a stranger, an acquaintance, or another person not covered under a domestic violence protection order), you might qualify for some other type of order. Contact VictimConnect at (855) 484-2846 or a lawyer for more information. You can find a lawyer using the State Bar of South Dakota’s website. If you cannot afford a lawyer, you can find your closest Legal Aid program here.
How can the court help protect you?
Courts in South Dakota can require respondents* to protection orders to turn their firearms over to law enforcement.1 Courts can also order any other relief* they believe is necessary to protect you.2 Some of the things the court can order include:
- Requiring respondents to turn their firearms over to law enforcement immediately;
- Prohibiting the respondent from purchasing or possessing* firearms while the order is in effect;
- Ordering law enforcement to retrieve the respondent’s firearms if the respondent does not turn them in when ordered to do so;
- Requiring the respondent to appear before the court to self-report turning over their firearms as ordered;
- Directing law enforcement to follow up with the respondent to make sure the respondent turned over their guns as ordered;
- Scheduling a follow up compliance hearing* to ensure that the respondent has not accessed additional firearms since the order was issued;
- Ordering law enforcement to go to your home at scheduled times to check in on your safety;
- Ordering the respondent to stay away from you, your children, your family, and anyone else in immediate danger, based on the threats and/or actions of the respondent;
- Ordering the respondent not to hurt you or threaten to hurt you in the future;
- Anything else you need to be safe.
How will the court know what you need to protect you from the respondent’s firearms violence?
In your petition* and during any of the hearings* you participate in when you are seeking protection, you will have the opportunity to tell the court about the respondent’s* threats or acts of abuse, especially ones involving firearms. Every situation is different, and it is important to talk to a lawyer about your specific situation. You can find a lawyer using the State Bar of South Dakota’s website. If you cannot afford a lawyer, you can find your closest Legal Aid program here.
Your story will help the court decide what relief* to give you. Whether you are filling out court forms or speaking directly to the court, it is important to tell the court about the violence you experienced (working with your lawyer, if you have one), especially if the respondent used or threatened to use a firearm against you, a member of your family, any member of the community, or your pet. Among other things, this may include telling the court:
- About incidents of physical violence or threats of physical violence and include dates wherever you can;
- How the respondent used firearms to hurt or threaten you, your family, your pet(s), or anyone in the community;
- If you fear that the respondent may use firearms violence or threats of firearms violence in the future;
- If the respondent has threatened to harm him/her/themself. This may be a sign that the respondent intends to use a dangerous weapon like a firearm against you, themself, or other people;
- If you can, the type(s), number, and location of firearms the respondent has access to.