How long does an ex parte order stay in effect?

An ex parte order typically remains in effect for a period of 30 days. This temporary order is issued without the other party being present, typically in situations where immediate protection or action is deemed necessary, such as in cases of domestic violence or harassment. The 30-day duration allows time for a subsequent hearing where both parties can present their arguments; at that hearing, the court will decide whether to extend the order, modify it, or allow it to expire.

The duration is designed to provide immediate relief while ensuring that the legal process is just and fair, as a longer duration might prevent the other party from defending themselves adequately. The other options don't reflect the standard time frame set in most jurisdictions, including South Dakota. A shorter period, such as 10 days, might not suffice for the necessary hearings, while longer periods, like 60 days or 1 year, go beyond what is typically granted for temporary protective measures in this context.