North Dakota Domestic Violence Laws

By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by Laura Temme, Esq. | Last reviewed February 19, 2025

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Domestic violence is a serious offense in North Dakota that can encompass bodily injury, sexual assault, or any act that instills fear among household members. Penalties range from one year in prison for a first violation to up to five years for subsequent offenses. Law enforcement can arrest the predominant aggressor if probable cause is established during a domestic violence call. Protection orders are available to victims seeking immediate and long-term safety measures.

North Dakota recognizes that domestic violence is a critical issue that impacts the well-being and safety of families. To address this problem, the state enacted laws that aim to give protection to victims of domestic violence while implementing strict penalties for offenders found guilty of this offense.

If you're experiencing domestic violence in North Dakota, you can seek immediate assistance through your local law enforcement authorities or dial 911. You can also ask for help through the following resources:

If you want to seek help with obtaining a protective order, you can also reach out to a domestic violence attorney. They can assist you in securing necessary protection orders and help you understand your legal options.

This article provides an overview of the domestic violence laws in North Dakota, including the fines and penalties associated with this criminal offense.

Understanding Domestic Violence Laws in North Dakota

North Dakota laws recognize that domestic violence is a serious offense. It acknowledges that it comes in various types of abuse between household members or family members.

North Dakota Century Code Title 14 defines domestic violence. It extends beyond physical abuse and includes financial exploitation, emotional abuse, and other forms of control over the victim. The state law focuses on offering protection to the victim while making the offender accountable.

Domestic violence defined

According to NDCC § 14-07.1-01(2), domestic violence covers any of the following acts if committed against a family member or a household member:

  • Physical harm
  • Bodily injury
  • Sexual activity compelled by physical force
  • Assault
  • Infliction of fear of imminent physical harm, bodily injury, sexual assault, or forced sexual activity

Who qualifies as family or a household member

According to NDCC § 14-07.1-01(4), family or household members encompass a wide range of relationships, including:

  • Current and former spouses
  • Parents and children
  • Persons related by blood or marriage
  • Dating relationships
  • Current or former cohabitants
  • Persons who have a child in common, regardless of marriage or living status
  • Any person with a sufficient relationship with the abuser, as determined by the court

Penalties for Violations of Domestic Violence Laws in North Dakota

The following fines and penalties apply to offenders found guilty of violating domestic violence laws:

First violation
  • Class A Misdemeanor
  • Up to 1 year of prison sentence
  • The laws also consider it as contempt of court

Second or subsequent violation
  • Class C Felony
  • Up to 5 years of prison sentence

In addition, the law orders the offender to make a personal appearance before the magistrate before release. The court may also require electronic monitoring or GPS tracking as a condition for the offender's release.

Mandatory Arrests

North Dakota law encourages law enforcement officers to make an arrest when they respond to a domestic violence call. Under § 14-07.1-10, if police have probable cause to believe that a crime of domestic violence took place, officers "shall presume that arresting the person is the appropriate response."

So, while an arrest is not mandatory at every North Dakota domestic violence call, it is likely to happen. Police can make an arrest regardless of whether the domestic violence happened in their presence. They also do not need a warrant.

If law enforcement officers receive multiple complaints from different family members, they must consider each complaint separately to determine if one party acted in self-defense.

Police assess who the "predominant aggressor" is by considering various factors, including:

  • The severity of the injuries
  • Prior history of domestic violence
  • Any other violent acts that indicate future harm is likely

If someone is found in violation of a protection order, police must arrest them immediately. These arrests are made without a warrant.

Protection Orders in North Dakota

North Dakota provides three types of domestic violence protection orders:

Emergency Protection Order

When the court is unavailable, the victim or the petitioner can seek an emergency protection order.

This type of order of protection is valid for 72 hours and asks the petitioner to show that there is a risk of immediate and present danger.

Ex Parte Temporary Protection Order

This type of order of protection is available after a full hearing. An ex parte temporary protection order may include the following provisions:

  • No contact restrictions
  • Temporary custody or temporary visitation rights of minor children
  • Removal from shared dwelling
  • Surrender for safekeeping of firearms

Domestic Violence Protection Order

The court issues a full protection order after notice and a full hearing within 14 days. A Domestic Violence Protection Order (DVPO) may include the following:

  • Restraining parties from threatening, molesting, injuring, harassing, or having contact with any other person
  • Excluding respondent from dwelling
  • Establishing temporary custody or temporary visitation rights to minor children
  • Requiring or recommending counseling
  • Ordering support payments
  • Awarding temporary use of property
  • Requiring safekeeping of firearms

If you or your loved one is experiencing domestic violence in North Dakota, you must prioritize your safety. Call 911 for emergencies. You can also contact the NDCAWS Crisis Line (1-888-255-6240) or the National Domestic Violence Hotline (1-800-799-SAFE) for support and assistance.

Getting Legal Advice

Consult a domestic violence attorney to understand your legal options and obtain a protection order. They can help you secure the necessary court orders and understand your rights.

If you are facing charges related to a domestic violence case, you can contact a criminal defense attorney. They can help you understand your legal options and provide legal representation.

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