North Dakota Protective Orders Laws

Protective orders, also known as restraining orders, allow victims of domestic violence to get legal protection from their abusers. Family or household members (the "petitioner" or "the applicant") may apply with a court to stop their alleged abuser (the "respondent") from abusing them further.

North Dakota issues several different types of protective orders, including the following:

• Domestic Violence Protective Order (DVPO)
• Disorderly Conduct Restraining Order (DCRO)
• Sexual Assault Restraining Orders
• Temporary Protection Order

This article offers a brief overview of protective order laws in North Dakota. It begins with a summary of how to file a DVPO and relevant definitions. Then, there is a table with an overview of North Dakota's protective order laws. It concludes with a list of related resources.

Contact an attorney immediately if you need a protective order in North Dakota.

Filing a Domestic Violence Protective Order

This section describes the process of applying for a DVPO. The following section provides definitions of "domestic violence" and "family or household members" to help you understand the process.

Any family member or household member may file a verified application with their local district court to get a DVPO. The verified application must allege the existence of domestic violence.

Once the court gets the verified application, it will schedule a court hearing within 14 days of the filing. The petitioner must serve the respondent with notice of the hearing at least five days before the hearing date. The court may postpone the hearing if the petitioner can't serve the respondent.

If the petitioner alleges an immediate and present danger of domestic violence, the court may grant an ex parte temporary protection order. In doing so, the court may grant the relief it deems proper, given the circumstances. The ex parte temporary protection order remains in effect pending a full hearing or a court order.

If the district court is unavailable, the petitioner may file their application before a local magistrate. The magistrate may grant emergency relief to the petitioner if they show good cause in an ex parte proceeding and the magistrate deems it necessary to protect them or others from domestic violence. Any order the magistrate issues expires 72 hours after issuance unless the court or magistrate continues it.

Read North Dakota's Instructions for Requesting a Domestic Violence Protection Order for more information about the process. North Dakota also has self-help resources you may find helpful.

Definitions

North Dakota defines domestic violence as the following activities committed against a family or household member:

• Physical harm
• Bodily injury
• Sexual activity compelled by physical force
• The infliction of fear of imminent physical harm, bodily injury, or sexual activity compelled by physical force
• Assault that's not in self-defense
• Stalking

Under North Dakota law, a family or household member may begin a protective order action by filing a verified application alleging the existence of domestic violence. A family or household member includes the following people in relation to the alleged abuser:

• Spouse
• Family member
• Former spouse
• Parent
• Child
• Blood relatives
• People related to them through marriage
• Someone in a dating relationship
• People who are living together
• People who have lived together in the past
• People who have a child in common
• Anyone that the court determines has a relationship with the alleged abusing person that is sufficient to warrant the court's issuance of a domestic violence protection order

North Dakota Protective Order Laws at a Glance

The following table provides an overview of North Dakota's protective orders laws. For more information, visit FindLaw's Domestic Violence section.

Disclaimer: State laws are subject to change through actions of the legislature, court rulings, and other means. Contact a North Dakota domestic violence attorney or conduct your own legal research to verify the state laws you are researching.

North Dakota Protective Order Laws: Related Resources

Browse the links below for more information about North Dakota law and protective orders:

• North Dakota Law
• North Dakota Criminal Laws
• North Dakota Child Custody Laws
• North Dakota Stalking Laws
• North Dakota Family Laws
• Details on State Protective Orders Laws
• Domestic Violence: Orders of Protection and Restraining Orders
• Domestic Violence FAQ: Basics, Safety Planning, and Restraining Orders

The following links offer information about resources the state furnishes for victims of domestic abuse:

• North Dakota Health and Human Services: Domestic Violence/Rape Crisis Program
• CAWS North Dakota
• Fargo Rape and Abuse Crisis Center

Victims of abuse may also contact the National Domestic Violence Hotline (call 800-799-7233 or text BEGIN to 88788).

Get Legal Help With a Protective Order Today

The state of North Dakota has several organizations that offer resources and safety to victims of domestic violence. Also, North Dakota's domestic violence attorneys can help you file for a protective order. Their legal advice and representation can make a significant difference in your case.