May 27, 2019

Protection Orders

Protection Order paperwork can be filed in either the County where the person filing the order – the Petitioner resides or in the County where the person who the order is against – the Respondent resides.  If applicable, the Clerk of Courts will assign the Protection Order paperwork to the same Judge as other civil litigation between the parties (e.g., divorce, child custody).

The Clerk of Courts in each county has the forms that are needed to apply for a Protection Order.  In Custer County, the Clerk of Courts is located in the County Courthouse at 420 Mt. Rushmore Road in Custer, SD. After the forms are completed and returned to the Clerk of Courts, they are reviewed by a Judge who can then:

1. Grant a Temporary Protection Order and set a hearing for a Permanent Order,
2. Not grant a Temporary Protection Order but still set a hearing to determine if a Permanent Protection Order should be granted, or
3. Decline to grant a Temporary Protection Order and not set a hearing.

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The respondent will be served a copy of the Affidavit for a Protection Order completed by the petitioner along with a Notice and Summons to Appear and the Temporary Protection Order (if granted) prior to the scheduled hearing.  It is only after the respondent is served a Temporary Protection Order that the respondent must follow the Order. Both the petitioner and respondent will have an opportunity during the hearing to present evidence and testimony.  After the hearing the Judge can then issue a Permanent Protection Order.  The Judge will determine the length of this Protection Order.

Any party at any time can ask the Judge to modify or dismiss the Order. Requests to modify or dismiss should be made in writing and filed with the Clerk of Courts.  A Judge can require a hearing before making any modification or dismissing an Order.  The Judge is the only person who can modify or dismiss a Protection Order.

Any and all violations of the either the Temporary or Permanent Protection Order should be immediately reported to the Sheriff’s Office