By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 16, 2023
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A protective order -- also called a "restraining order" or "order of protection" -- is a court order requiring a named individual (an alleged stalker, for example) to cease all contact with the alleged victim. This includes all telephone and online contact as well as physical proximity. Restraining orders usually are issued by courts to protect the victims of stalking or domestic violence, and some states automatically issue them for individuals who report domestic violence.
This article provides a brief overview of protective orders laws in North Dakota.
Provisions of North Dakota's protective orders statute are listed in the following chart. See FindLaw's Domestic Violence section for additional articles and resources.
Code Section |
§ 14-07.1 et seq. of the North Dakota Century Code |
|---|---|
Activity Addressed by Order |
Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; surrender of a firearm; court costs and attorney fees; awarding use of personal property |
Duration of Order |
Temporary: maximum 30 days; a full hearing must be set no later than 14 days from the issuance of the temporary order |
Penalty for a Violation of Order |
Class A misdemeanor and contempt of court. If 2nd or subsequent: Class C felony |
Who May Apply for Order |
Any family or household member or any other person where the court finds relationship is sufficient to warrant issuance of domestic violation protective order; family or household member means a spouse, family member, former spouse, parent, child, persons related by blood or marriage, persons who are in a dating relationship, persons who are presently residing together or who have resided together in the past, persons who have a child in common regardless of whether they are or have been married or have lived together at any time, and, for the purpose of the issuance of a domestic violence protection order, any other person with a sufficient relationship to the abusing person as determined by the court |
Can Fees Be Waived? |
Yes |
Order Transmission to Law Enforcement |
Copy transmitted electronically to the bureau, which will then enter the order electronically in the National Crime Information Center database provided by the Federal Bureau of Investigation; a copy will also be forwarded to the local law enforcement agency with jurisdiction over the residence |
Civil Liability for Violation of Order |
Yes, contempt of court |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If someone is hurting or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the near future, you may want to get a protective order.
Please contact a North Dakota domestic violence attorney for help.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many North Dakota attorneys offer free consultations.