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§ 26-7A-107.1 Provisions for violation of order of protection.

SD Codified L § 26-7A-107.1 (2019) (N/A)
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26-7A-107.1. Provisions for violation of order of protection. The following provisions apply if a person is alleged to have violated the terms and conditions of an order of protection entered pursuant to this chapter:

(1) The court shall set a hearing on the alleged violation and shall give five days' notice to the person subject to the order of protection, and to any other parties to the proceedings;

(2) The person alleged to have violated the order of protection shall be given a written statement concerning the alleged violation;

(3) The person may be represented by legal counsel at the hearing and shall be entitled to the issuance of compulsory process for the attendance of witnesses;

(4) If the court finds by a preponderance of the evidence that the person violated the terms and conditions of the order of protection, the court may modify the terms and conditions of the order, or take other action permitted by applicable law, including sanctions provided for under criminal or civil contempt, which is in the best interests of the child and the public.Source: SL 1996, ch 177, § 2.

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§ 26-7A-107 Order of protection--Authorized provisions--Termination, modification or extension of order.
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§ 26-7A-107.2 Violation of order of protection as a misdemeanor .