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 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 terminated by the Court, the Ex Parte Temporary Protection Order remains in effect until the hearing.

What is a Protection Order?

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

• Restraining any party from threatening, molesting, injuring, harassing, or having contact with any other person.
  
• Excluding the abusing party from your household.
  
• Awarding temporary custody and/or visitation rights with minor children.
  
• 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.

How Do I Apply for a Protection Order?

By filing an Application and 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 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.

What Happens if a Protection Order is Violated?

If the Order was served, and the other party assaults or threatens you, call the police immediately, (in Fargo, 911). In many cases, the police officer must arrest the abusing party. A violation of the Order is a class A misdemeanor and criminal contempt of court. The officer need not witness the violation to arrest the abusing party.

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 abusing party in contempt of court. A fine and/or jail time can be imposed.

Prohibited telephone harassment should be discourage by telling the alleged abuser to stop calling and hanging up. If the telephone harassment continues, get a tracer put on your phone. The police department may then arrest the abuser if the Protection Order is violated.

What happens if you invite the abuser back into your home?

It is still a violation to the Protection order. You too put yourself in an extremely vulnerable position by inviting the abuser into your home. Law enforcement may not take you seriously should 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 crises center, a private attorney or Legal Services of North Dakota.

This publication was prepared by Legal Services of North Dakota working in partnership with the Counsel on Abused Women's Services (CAWS)

Funding for this publication was provided by the U.S. Department of Justice Civil Legal Assistance to Victims Grant.

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

May 2006
Cite: N.D.Cent. Code 14-07.1