North Dakota Domestic Violence Laws
Temporary Protection Order
- Involves "PHYSICAL HARM, BODILY INJURY, OR ASSAULT".*
- Involves the "IMMINENT THREAT" (which may include verbal threats) OF PHYSICAL HARM, BODILY INJURY, OR ASSAULT.*
- Can include MENTAL ANGUISH AND INCEST.+
- Can include "FORCED SEXUAL ACTIVITY".^
According to *ND Century Code 14-07.1-01, +the ND Supreme Court, ^the ND Protection Order Statute.
A Temporary Protection Order is granted when a victim alleges an immediate and present danger of abuse based on a recent incident or threat.
The court may grant this type of order exparte (without a hearing) and it provides immediate relief until a full hearing can be held.
Relief provided under a Temporary order may include:
- restraining the abuser from committing further acts of abuse
- excluding the abuser from the dwelling shared, from another person's residence, or from a domestic violence shelter
- awarding temporary custody or establishing visitation rights
A copy of the order is sent to the appropriate law enforcement center and the officers may then aid the victim by:
A full hearing must be held within 14 days. You must attend the hearing in order for the Protection Order to be considered for extension. At the hearing, the court listens to both sides and determines whether or not to continue the Order.
- assisting the victim in taking possession of the residence.
- referring the victim to a domestic violence program
- assisting in the removal of the abuser's personal belongings from the home
Domestic Violence Protection Order
If the Court determines at a full hearing that the abuse is actual or imminent, it issues a Domestic Violence Protection Order. This Order provides the same relief as the Temporary Order, and in addition may:
- recommend or require that either or both parties undergo counseling
- require the abuser to pay necessary support costs and reasonable attorney costs
This Protection Order is implemented in the same manner as the Temporary Order; it will remain in effect as long as a judge deems necessary; it can be issued as a Permanent Protection Order.
If the victim wishes to dissolve an Order before it expires, the victim must apply to the court for a dismissal.
A VIOLATION OF THIS TEMPORARY PROTECTION ORDER GRANTED UNDER CH 14-07.1, N.D.C.C. IS A CLASS A MISDEMEANOR AND ALSO CONSTITUTES CONTEMPT OF COURT. A SECOND OR SUBSEQUENT VIOLATION OF A PROTECTION ORDER IS A CLASS C FELONY.
A class A Misdemeanor carries a penalty of up to one year imprisonment and/or a fine of two thousand dollars. A class C Felony carries a penalty of up to five years imprisonment and/or a fine of five thousand dollars.
WHEN A PROTECTION ORDER VIOLATION OCCURS - ALWAYS CALL LAW ENFORCEMENT
852-0111 Minot Police Department
857-6500 Ward County Sheriff's Department
385-4411 Kenmare Police Department
624-5386 Sawyer Police Department
838-5635 Burlington Police Department
537-5633 McHenry County Sheriff's Department
776-5245 Pierce County Sheriff's Department
756-6386 Renville County Sheriff's Department
SAFETY WITH A PROTECTION ORDER OR DISORDERLY CONDUCT RESTRAINING ORDER
Keep your restraining or protection order with you at all times. If it is lost or destroyed you can get another copy from the Clerk of Court. Leave extra copies at work, with a friend, with a neighbor, and in your car.
Tell your friends, family and neighbors that you have a restraining or protection order in effect.
Checklist: When leaving a violent situation! Take these items!!
Return to DVCC Homepage
- Driver's license, car title and registration.
- All birth certificates: children and personal
- Green cards
- Money, credit cards, ATM cards
- Copy of protection or restraining order
- Lease, rental agreement, or deed to house
- Car keys, house keys
- Personal identification: social security card, picture ID
- Medical records, school records, welfare identification, divorce papers, etc.