22-19A-8. Petition for protection order--Procedures.
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/sd/title-22/chapter-22-19/22-19a-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There exists an action known as a petition for a protection order in cases of stalking, in cases of physical injury as a result of an assault, or in cases of a crime of violence as defined in subdivision 22-1-2(9). Procedures for the action are as follows:
(1)A petition under this section may be made against any person who violates § 22-19A-1 or against any other person against whom stalking or physical injury as a result of an assault or in cases where a crime of violence is alleged;
(2)A petition shall allege the existence of
(a)stalking or
(b)physical injury as a result of an assault or
(c)a crime of violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the stalking or the physical injury as a result of an assault or crime of violence;
(3)A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.
The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The attorney general shall prepare the standard petition form.