Note: If you or someone you know is the victim of domestic violence, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or your local police department.
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.
North Dakota Protective Order Laws at a Glance
Temporary protective orders in North Dakota generally last 30 days, but that time may be extended by the court under certain circumstances. Anyone who violates the terms of a protective order may be charged with contempt of court.
Additional 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.|
|Activity Addressed by Order||Enjoin contact; exclude from dwelling; regarding minors: temporary custody, visitations, support, counseling; surrender of firearm; court costs and attorney fees; awarding use of personal property|
|Duration of Order||Temporary: maximum 30 days|
|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 court finds relationship is sufficient to warrant issuance of domestic violation protective order|
|Can Fees Be Waived?||Yes|
|Order Transmission to Law Enforcement||Copy transmitted by close of business to local law enforcement agency with jurisdiction over victim's residence|
|Civil Liability for Violation of Order||Yes, contempt of court|
Note: State laws may change at any time, usually when a newly signed piece of legislation is enactment but sometimes through judicial actions or other means. You may also want to contact a North Dakota family law attorney or criminal defense attorney, or conduct your own legal research to verify the state law(s) you are researching.
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North Dakota Protective Order Laws: Related Resources
Contact a qualified attorney.