Resource for a Recourse: Online Resource Center for Survivors of Abuse

NORTH DAKOTA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Under North Dakota law, domestic violence includes when a family or household member:

physically harms you,
causes you bodily injury,
physically forces you into sexual activity,
assaults you, or
puts you in fear of imminent physical harm, bodily injury, sexual activity compelled by physical force, or assault.

A protection order restrains abuse by a family or household member. For the purpose of getting a domestic violence protection order, "family or household member" means a:

spouse or former spouse
parent
child
other family member
person related by blood or marriage
a person you are dating
a person who is living with you or has lived with you before
your child's other parent, even if you were never married or lived together
any other person with a "sufficient relationship" to the abusing person as determined by the court

Note: Same-sex partners ARE eligible to file for protection orders.

Depending on the judge, minors may also be eligible to file on their own. Parents can also file on behalf of their minor child.

Types of protective orders:

A protection order is a court order that is designed to restrain - or keep someone from committing - violent and harassing behavior. They are also designed to protect you and your family because, if your abuser violates a protection order, s/he can face significant penalties.

In North Dakota you can get a domestic violence protection order (we will refer to them as DV protection orders) or an ex parte (temporary) order. A judge will assume that if you are asking for an ex parte order you will also eventually want a permanent DV protection order. A DV protection order offers longer term protection.

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Benefits:

An ex parte order can:

Forbid the abuser from threatening, molesting, injuring, harassing, or having contact with you
Forbid the abuser or anyone the abuser lives with from entering your home
Award temporary custody or establish temporary visitation rights of minor children you have with your abuser
Order your abuser to hand over any firearms in his possession to the authorities and forbid him from buying firearms while your order is in effect

A DV protection order can:

Forbid the abuser from threatening, molesting, injuring, harassing, or having contact with you
Forbid the abuser or anyone the abuser lives with from entering your home
Award temporary custody or establish temporary visitation rights of minor children you have with your abuser
Recommend or require that the abuser undergo counseling with a domestic violence program or other organization that provides professional services that the thinks is appropriate
Award you spousal support and that the abuser pay your attorney's fees
Award you temporary use of personal property, including motor vehicles
Order your abuser to hand over any firearms in his possession to the authorities and forbid him from buying firearms

Whether a judge orders any or all of the above depends on the facts of your case.

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Costs:

There is no cost for filing for a protection order.

Domestic violence advocates can help you ask the Court for an order (for free). However, it may be in your interest to hire an attorney, especially if your abuser is represented by one

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Violations:

Call the police or sheriff, even if you think it is a minor violation.

If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic violence, whether the offense is a felony or misdemeanor, and whether or not the crime was committed in the presence of the officer, the law enforcement officer shall presume that arresting the person is the appropriate response.

It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.

Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified.

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