South Dakota § 25-10-35 - Arrest of person for abuse--Considerations.
Full text of South Dakota South Dakota Codified Laws § 25-10-35 — Arrest of person for abuse--Considerations., with citation guidance and answers to common questions.
§ 25-10-35. Arrest of person for abuse--Considerations.
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.
Source: SL 1989, ch 207, § 2; SDCL § 23A-3-2.2; SL 2002, ch 19, § 1; SL 2003, ch 147, § 1; SL 2015, ch 139, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 25-10-35
What does South Dakota Codified Laws § 25-10-35 cover?
Section 25-10-35 ("Arrest of person for abuse--Considerations.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 25-10-35?
A common citation format is "South Dakota Codified Laws § 25-10-35" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 25-10-35 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.