ENTITLED An Act to provide that a temporary restraining order may extend beyond thirty days in certain circumstances involving stalking.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added to chapter 22-19A:
If an ex parte temporary protection order is in effect and a judge issues a protection order pursuant to 22-19A-8, the ex parte temporary protection order remains effective until the order issued pursuant to 22-19A-8 is served on the respondent.
Section 2. That 22-19A-12 be AMENDED:
22-19A-12. If an affidavit filed with an application under 22-19A-8 alleges that immediate and irreparable injury, loss, or damage is likely to result before an adverse party or the party's attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and granting relief as the court deems proper, including an order restraining any person from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9). An ex parte temporary protection order is effective for a period of thirty days, except as provided in section 1 of this Act, unless for good cause the court grants a continuance. No continuance may exceed thirty days unless the court finds good cause for the additional continuance and:
(1) The parties stipulate to an additional continuance; or
(2) The court finds that law enforcement is unable to locate the respondent for purposes of service of the ex parte protection order.
If a continuance is granted, the court by order shall extend the ex parte temporary protection order until the rescheduled hearing date. The respondent shall be personally served without delay with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing.
An Act to provide that a temporary restraining order may extend beyond thirty days in certain circumstances involving stalking.
I certify that the attached Act originated in the:
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2024 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2024
ss. Office of the Secretary of State
Filed ____________, 2024 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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