Complete Topic List

North Dakotas Domestic Violence Protection Orders

How Do I Apply For A Protection Order?

You can request a protection order by filing a Petition for Protective Relief and an Affidavit in Support of a Protection Order if you have recently been a victim of Domestic Violence. “Domestic Violence” includes bodily injury, physical force, sexual activity, assault, or the infliction of fear of domestic violence. Such acts as pushing, shoving, grabbing, slapping, punching, pulling hair, kicking, or threatening with a weapon are considered domestic violence.  The Court must find there is a recent event of actual physical domestic violence or an imminent threat of domestic violence.

The following people may request a Protection Order:

  • A spouse or former spouse,
  • A family member,
  • A parent,
  • A child,
  • A person related by blood, or marriage
  • A person presently residing with the abusing person or who has resided with that person in the past,
  • A person who has a child in common with the abusing person,
  • Persons who are in a dating relationship, or
  • Any other person with sufficient relationship to the abusing person as determined by the court.

If the Court approves your Petition, the Court then issues an Ex Parte Temporary Protection Order.

What Is An Ex Parte Temporary Protection Order?

A temporary order granted without a hearing when an applicant is in immediate and present danger of domestic violence.  It provides only emergency relief and does not provide for support, counseling and attorney fees.  The relief provided by the court with a Temporary Protection Order may include:

  • Restraining any party from having contact with another person or committing acts of domestic violence against another person.
     
  • Excluding the abusing party from your household, from the residence of another person, or from a domestic violence shelter care facility.
     
  • Awarding temporary custody and/or establishing temporary visitation rights with the minor child(ren).
     
  • Requiring the abusing party to surrender to law enforcement any firearm or dangerous weapon under his or her control if there is probable cause of future actual or threatened violence.

A full hearing must be scheduled no later than fourteen days from the date the judge signs the ex parte temporary order, unless good cause is shown to extend the hearing date beyond fourteen days

The Ex Parte Temporary Protection Order remains in effect until the order is dismissed by the Court or a Permanent Protection Order is entered and served on the opposing party.

What Is A Permanent Protection Order?

A court order to protect an individual from domestic violence.  Obtaining a Permanent Protection Order is a civil action. Relief provided by the court with a Permanent Protection Order may include:

  • Restraining any party from having contact with another person or committing acts of domestic violence against another person.
     
  • Excluding the abusing party from your household, from the residence of another person, or from a domestic violence shelter care facility.
     
  • Awarding temporary custody and/or establishing temporary visitation rights with the minor child(ren).
     
  • Requiring the payment of child support and/or spousal support.
     
  • Recommending or requiring counseling with a domestic violence program or other appropriate agency.
     
  • Requiring the abusing party to pay reasonable attorney’s fees and costs.
     
  • Awarding temporary use of personal property, including motor vehicles, to either party.
     
  • Requiring the abusing party to surrender to law enforcement any firearm or dangerous weapon under his or her control if there is probable cause of future actual or threatened violence.

What Happens If A Protection Order Is Violated?

If the Order was served and the other party violates the Order, call the police immediately.  In many cases, the police officer must arrest the abusing party.  A violation of the Order is a class A misdemeanor and contempt of court.  The officer need not witness the violation to arrest the abusing party.

Violations that should be reported to the police include unwanted harassment, continued phone contact, driving by the restricted addresses, contact with you through a third-party, any physical violence, and any threats toward you.

If the abusing party doesn’t follow another part of the Order - for example, doesn’t pay child support, you can request the court find the abusing party in contempt of court.  A fine and/or jail time can be imposed.

What Happens If You Invite The Abuser Back Into Your Home?

It is still a violation of the Protection Order.   You also put yourself in an extremely vulnerable position by inviting the abuser into your home. Law enforcement may be skeptical of any reports of violations if you later require their assistance.

If you have a Protection Order and later wish to reconcile with the abuser, you may dismiss the Protection Order action.  This can usually be done without a hearing.  The necessary forms may be completed by you through the local domestic violence program, a private attorney or Legal Services of North Dakota.

DISCLAIMER: This information is not legal advice. If you have a legal problem, you should talk to a lawyer and ask for advice about your options.

February 2019
Cite: N.D.Cent. Code 14-07.1