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Codified Laws

25-10-41Conditions of release of person charged with domestic abuse.

In determining the conditions of release under § 25-10-40, the court shall consider the following conditions and may impose any condition it considers reasonably necessary to protect the alleged victim of domestic abuse, including ordering the defendant:

(1)    Not to subject the victim to further domestic abuse;

(2)    To vacate the home of the victim;

(3)    Not to contact the victim other than through counsel;

(4)    To engage in counseling;

(5)    To refrain from the consumption of alcohol or the use of drugs;

(6)    To post bond pursuant to § 25-10-23.

As used in this section, the term, domestic abuse, means a violation of § 22-18-1 or 22-18-1.1 if the victim is a person in a relationship described in § 25-10-3.1.

Source: SL 1985, ch 199, § 2; SDCL § 23A-43-4.2; SL 2002, ch 19, § 1; SL 2012, ch 145, § 1; SL 2014, ch 125, § 9.