South Dakota2026Active
HB1108
Sealing Court Files for Dismissed or Denied Protection Orders
Last scannedAug 25, 2026, 3:29 AM
In one sentence
This law requires courts to seal files when a petition for a protection order is dismissed without a hearing, or denied after a judge finds the petition was filed with no basis in fact or law and was harassing, frivolous, or abusive.
What it does
- Requires the clerk of court to immediately seal petitions if they are dismissed before a hearing takes place.
- Orders courts to seal cases where a judge finds that a petition had no basis in fact or law and was harassing, frivolous, or abusive after a hearing.
- Mandates that judges notify law enforcement when an order is issued to seal these specific records following a denial with findings of abuse.
- Requires law enforcement agencies to make their own records of the sealed petitions nonpublic upon receiving notice from the court.
- Applies sealing rules retroactively to all electronic court records maintained by the Unified Judicial System.
Who it affects
- Clerks of court who manage case files and documents.
- Judges who decide whether petitions should be sealed based on specific findings after a hearing.
- Law enforcement agencies that hold records related to these protection order petitions.
- People involved in cases where a petition for a protection order is dismissed or denied.
Limits and unknowns
- The requirement for sealing after a denial only applies if a judge finds on the record that the petition was filed with no basis in fact or law and was harassing, frivolous, or abusive.
- This rule does not apply to cases where the court grants the protection order.
Plain language
Terms to know
- Seal
- To make court files private so that the general public cannot see them.
- Petition for a protection order
- A formal request filed in court asking for legal protection from another person under specific state laws.
- Dismissed without a hearing
- When the court stops processing a case before holding an official meeting to discuss it.
Official record
Sources
Official summary
require the sealing of court files upon dismissal or denial of a petition for a protection order.
Official activity
Bill history
- Signed by the Governor