25-10-5.2. Restrictions on issuance of mutual orders for protection against abuse.No court may, pursuant to the provisions of §25-10-5, issue a mutual order enjoining both petitioner and respondent from committing acts of domestic abuse unless:(1)Both the petitioner and the respondent personally appear;(2)The respondent alleges, under oath, the existence of domestic abuse by stating the specific facts and circumstances of the domestic abuse;(3)The court finds, by a preponderance of the evidence, that domestic abuse has taken place. Source: SL 1996, ch 169.
South Dakota Legal Code