Domestic violence is defined under SDCL 25-10-1. This includes violence perpetrated on any family or household member.
If Law Enforcement is summoned to a domestic violence call several statues apply. If Law Enforcement has probable cause to believe that a crime has been committed, the officer is required to arrest the person who is suspected of committing the crime.
The officer shall arrest the person whom he believes to be the primary aggressor. The person arrested for domestic assault may not be released until he has gone before a judge who will determine bond and other conditions of release that are necessary for the protection of the victim. SDCL 25-10.
