25-10-3 Petition for protection order--Procedure--Standard petition form.
Petition for protection order--Procedure--Standard petition form.
There exists an
action known as a petition for a protection order in cases of domestic abuse. Procedures for the
action are as follows:
A petition under this section may be made by any person in a relationship described in
§ 25-10-3.1 against any other person in such a relationship;
A petition shall allege the existence of domestic abuse and shall be accompanied by an
affidavit made under oath stating the specific facts and circumstances of the domestic
A petition for relief may be made whether or not there is a pending lawsuit, complaint,
petition, or other action between the parties. However, if there is any other lawsuit,
complaint, petition, or other action pending between the parties, any new petition made
pursuant to this section shall be made to the judge previously assigned to the pending
lawsuit, petition, or other action, unless good cause is shown for the assignment of a
The clerk of the circuit court shall make available standard petition forms with instructions for
completion to be used by a petitioner.
Source: SL 1981, ch 198, § 3; SL 1987, ch 195, § 1; SL 2002, ch 129, § 1; SL 2014, ch 124, § 1;
SL 2014, ch 125, § 4.