Blair-Arch v. Arch

KONENKAMP, Justice.

[¶ 1.] In this appeal, we address the question whether a protection order may be entered against a respondent by default when an attorney appears at the protection order hearing on the respondent’s behalf, authorized to present a defense.

Background

[¶ 2.] On November 12, 2013, Cynthia Ann Arch filed a petition and affidavit for a domestic abuse protection order against her brother, Myril Arch II. The documents were completed pro se on forms provided by the South Dakota Unified Judicial System (UJS). By filling in blanks and checking boxes on the forms, Cynthia alleged that…