The SD Supreme Court
handed down 1 new decision this morning.
Summary is set forth below.
1) Overbroad Protection Order Reversed;
Summary
follows:
WAGNER
v. TOVAR, 2025 S.D. 44: Ex-girlfriend sought Order of Protection, on her behalf
and also on behalf of two children, against Father of Children. The Trial Court, “found that domestic abuse occurred and issued
a five-year domestic permanent protection order that required [Father] not to
have any contact with [ex-girlfriend] and their two children.” The SD Supreme Court reversed, holding that, “The circuit court abused its discretion
when it prohibited all contact between [Father] and his children for five years.” The Court, “remand[ed] to the circuit court with direction to conduct such
further proceedings as are necessary and to amend the protection order to
provide appropriate contact and visitation between [Father]and the children
that is consistent with the best interests of the children.” This decision is unanimous (5-0), with
opinion authored by Justice Myren.
This
decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
