- Associated Press - Wednesday, December 24, 2014

PIERRE, S.D. (AP) - A man barred from his sister’s property by a protection order issued when he wasn’t present in court was successful in arguing to the South Dakota Supreme Court that his lawyer should have been able to represent him the proceedings.

The high court on Tuesday reversed a lower court’s decision to grant Cynthia Arch’s five-year protection order against her brother, Myril Arch. Cynthia Arch says her brother threatened her and kicked up gravel around her house with his truck. A circuit court granted Cynthia Arch’s request for a protection order because her brother didn’t attend court.

The Supreme Court says the lower court was wrong to issue a default judgment because Cyril Arch’s attorney was present. The justices called for another hearing on the order.

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