South Dakota Court & Family Education Guide
Information for anyone navigating a court order, custody case, or probation requirement in South Dakota that involves anger management, parenting, co-parenting, or substance-abuse education.
What does Clearway offer?
People are sometimes ordered or referred to an educational program as part of a family-law, custody, probation, or other South Dakota court-related matter. The type of program required can depend on the circumstances of the case and the exact wording of the court order.
Clearway Institute offers four self-paced online courses: anger management, parenting, co-parenting, and substance-abuse education. Not every course is appropriate for every court order, and completing an online course does not automatically mean a particular South Dakota court, probation department, or agency will accept it — always read your order carefully and confirm the required program with the court, probation officer, attorney, or other referring agency when you're not sure.
Which type of class do you need?
Start with whichever matches your order or situation — each course page has the full curriculum before you enroll.
What if a South Dakota court ordered it?
South Dakota has a statewide statute on counseling after a domestic abuse crime. Under SDCL § 25-10-5.1, when a court places a defendant on probation after a guilty verdict or plea for a crime involving domestic abuse, it must make attending domestic abuse counseling a condition of probation, and failing to attend is a probation violation. The counseling must address power and control, accountability, emotional regulation, or thinking errors, and may be individual or group where available.
On the civil side, SDCL chapter 25-10 (Protection from Domestic Abuse) governs protection orders. In custody cases, SDCL § 25-4-45.5 requires the court to consider a domestic abuse or assault conviction or a history of domestic abuse, which creates a rebuttable presumption against awarding custody to the abusive parent. Orders and sentences vary, so confirm exactly what your own order or probation terms require before enrolling in any course.
What's the difference between classes?
Parenting vs. co-parenting. Parenting covers general child-development, discipline, and communication skills, and comes up in a wide range of family cases. Co-parenting is built specifically for separated or divorcing parents — coordinating two households, handling custody transitions, and keeping kids out of the middle — and is the more common requirement in a custody or divorce order.
Anger management vs. a certified intervention program. Many states, South Dakota included, treat general educational anger-management coursework as legally distinct from a state-certified batterer intervention, family-violence intervention, or abuser-treatment program ordered specifically in a domestic-violence case — see “What if a South Dakota court ordered it?” above for how that distinction works here. If your order names a specific certified program by name, an educational anger-management course usually isn't an automatic substitute — check with your court.
Where can I verify requirements?
The most reliable answer always comes from whoever issued your order — the court clerk, your probation or parole officer, your attorney, or the agency that referred you. Below are free, South Dakota-specific places to start if you need legal help, counseling, or crisis support along the way.
Legal reference material
For anyone who wants to read the underlying statutes for themselves, here is the reference material this guide is based on — South Dakota civil and family-law sections first, then criminal law.
Civil & family law
Protection from domestic abuseSDCL §§ 25-10-1 to 25-10-13
Chapter 25-10 covers who may apply for a protection order, petitions and hearings, ex parte temporary orders, the relief a court may grant on finding abuse, modification of orders, and the penalty for violating an order.
Custody and domestic abuseSDCL § 25-4-45.5
When deciding custody, the court must consider a conviction for domestic abuse or assault and any history of domestic abuse. A conviction or a proven history creates a rebuttable presumption that awarding custody to the abusive parent is not in the child's best interest.
Joint physical custodySDCL § 25-4A-22
If a parent has a history of domestic abuse or an assault conviction described in § 25-4-45.5, the law presumes that joint physical custody is not in the child's best interests. The presumption can be rebutted with contrary evidence.
Criminal law
Simple assaultSDCL § 22-18-1
A Class 1 misdemeanor covering attempted or actual bodily injury and attempting, by physical menace or a credible threat, to put another person in fear of imminent bodily harm. Repeat assault convictions or pleas within ten years raise a third offense to a felony, with higher felony classes for later offenses.
Aggravated assaultSDCL § 22-18-1.1
South Dakota treats aggravated assault as a felony under a separate section from simple assault. The statute lists the specific forms of the offense, which are not summarized here.
StalkingSDCL § 22-19A-1
Willfully, maliciously, and repeatedly following or harassing another person, or making a credible threat meant to cause reasonable fear of death or great bodily injury. A first violation is a Class 1 misdemeanor, and a second or later conviction within ten years is a Class 6 felony.
Violation of a protection orderSDCL § 25-10-13
Section 25-10-13, titled Violation and penalty, makes violating a protection order an offense. The sources reviewed describe penalties that increase for repeat violations and for violations that also involve assault.