South Dakota statute
SDCL § 25-10-35 — Arrest of person for abuse--Considerations
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 10: Protection From Domestic Abuse, South Dakota Codified Laws.
Full text of SDCL § 25-10-35
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
If the officer has probable cause to believe that persons in a relationship as defined in § 25-10-3.1 have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the predominant physical aggressor. In making this determination, the officer shall make every reasonable effort to consider:
(1) The intent to protect victims of domestic abuse under this chapter;
(2) The comparative extent of injuries inflicted or serious threats creating fear of physical injury; and
(3) The history of domestic abuse between the persons involved.
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