Shore v. Cruz

GILBERTSON, Chief Justice

(concurring).

[¶20.] I join in the Court’s opinion. The conduct alleged by Shore is not within the scope of SDCL chapter 22-19A.

*317[¶ 21.] The Legislature may have had this in mind when in 2003 it passed SDCL 25-10-12.1 through 12.5 which will go into effect on July 1, 2003. These new provisions allow for the enforcement in South Dakota of foreign out-of-state domestic violence protection orders.

[¶ 22.] As referenced by the Court’s opinion in this case, on May 20, 1999 the District Court of Huerfano County, Colorado issued an order which in part granted custody of the children to the Shores and further ordered that “[Cruz] shall have no contact with the minor children herein.” As SDCL 25-10.12.1 through 5 was not enacted at the time of the hearing before the trial court in South Dakota, obviously it was not an option available to the trial court.