25-10-5 Relief authorized on finding abuse--Time limitation.
25-10-5.
Relief authorized on finding abuse--Time limitation.
Upon notice and a hearing, if
the court finds by a preponderance of the evidence that domestic abuse has taken place, the court
may provide relief as follows:
(1)
Restrain any party from committing acts of domestic abuse;
(2)
Exclude the abusing party from the dwelling which the parties share or from the residence
of the petitioner;
(3)
Award temporary custody or establish temporary visitation with regards to minor children
of the parties;
(4)
Establish temporary support for minor children of the parties or a spouse;
(5)
Order that the abusing party obtain counseling;
(6)
Order other relief as the court deems necessary for the protection of a family or household
member, including orders or directives to a sheriff or constable.
Any relief granted by the order for protection shall be for a fixed period and may not exceed five
years.
If any minor child resides with either party, the court shall order that the abusing party receive
instruction on parenting approved or provided by the Department of Social Services as part of any
relief granted.
Source: SL 1981, ch 198, § 5; SL 1984, ch 191, § 2; SL 1988, ch 205, § 2; SL 1994, ch 208, § 3;
SL 1998, ch 162, § 4; SL 2008, ch 132, § 1.
Chapter 25-10