South Dakota Civil Litigation Legal Questions

The standard of review is essentially de novo -- in order to prevail on appeal, you must show that a reasonable jury could have found in your favor. That means that you must have offered at least colorable proof on each element of your claim. Without knowing how your claim was dismissed, it is impossible to express a further view on the likelihood of success on appeal.... Read More

If the item is rightfully yours your roommate can not give it away in order to settle his own debts. Under property laws, it is your personal property. You are still entitled to ownership as long as you did not abandon the item (leave it with your roommate making it clear you were not coming back for it) or give it away to cover your debts. It does not sound like either of these actions occurred. If this is the case you would be entitled to replevin which is the legal remedy for a person to recover goods that have been unlawfully taken from their possession. This is a speedy process of regaining possession of an item if peaceful self-help (asking for it back) has not worked. A writ of replevin is generally filed by the court and served by a law enforcement officer. The requesting party may be required to post an indemnity bond. All service and bond requirements are generally state specific therefore I would contact a local attorney or speak to a local court clerk in order to initiate the process.... Read More

Unfortunately sometimes a restraining order is the best solution to such a problem. It can be a very major step and completely change the dynamics of a family structure so it needs to be thoroughly considered. It is difficult for anyone to enforce rules, laws or common curiosity against anyone without more of a black and white line which is what a restraining order creates. If one were dealing with a neighbor or a stranger they would request a civil harassment order but when dealing with a family member or someone which they have a "domestic relationship" with one must file for a domestic violence restraining order. A domestic violence restraining order can merely keep the harassing person from having any contact with the harassed. Your wife would have to be open to filing for the restraining order as well as stopping contact with your stepson. The filing procedures differ from state to state and the time lines differ slightly. Your best option would be to contact local counsel if this is the next step you plan to pursue.... Read More