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Codified Laws

25-10-22Effect of divorce or other civil proceedings prior to criminal proceedings.

In any action involving domestic abuse, the court may not:

(1)    Dismiss any charge or delay disposition of the domestic abuse action because of the pendency of a divorce or any other civil proceeding, unless agreed to by all parties, including the victim;

(2)    Require proof that either party is seeking dissolution of marriage prior to instigation of criminal proceeding.

Source: SL 1989, ch 224, § 1.