North Dakota Protection Orders – State Overview
General explanation of North Dakota’s protection order process.
North Dakota Protection Order
Filing Basics
To obtain a protection order in North Dakota, an individual must file a petition at their local district court. The petition should clearly describe the relationship between the petitioner and the respondent and include specific incidents of abuse, threats, stalking, or harassment. Victims of domestic violence, sexual assault, stalking, or dating violence are eligible to petition for a protection order.
Filing is free of charge. Assistance is available at the courthouse or by contacting local domestic violence advocacy programs. Petitioners may request the protection order without notifying the respondent initially.
Temporary Orders
Upon filing, the court may issue a temporary protection order without the respondent present if immediate protection is necessary. This emergency order can provide immediate relief such as prohibiting contact or requiring the respondent to vacate shared residence.
Temporary orders typically remain in effect until a scheduled hearing can determine whether a final protection order should be granted.
Final Orders
At the hearing, the judge reviews evidence and testimonies from both parties. If the court finds abuse or threats of harm, a final protection order may be granted. Final orders can include provisions such as no contact, stay-away requirements, custody arrangements, and possession of personal property.
Final orders can remain effective for up to two years and may be renewed upon petition.
Hearings
Hearings for protection orders are scheduled promptly, usually within 10 to 14 days after filing. Both petitioner and respondent have the opportunity to present evidence and witnesses before the judge. Petitioners may attend with legal aid or advocacy support for safety and clarity.
If the respondent fails to appear, the court may still issue a final order based on the petitioner’s testimony.
Enforcement Notes
Protection orders issued in North Dakota are enforceable statewide. Law enforcement agencies are authorized to enforce all provisions of the order, and violating any term is a criminal offense. Victims should keep a copy of the order accessible at all times.
For additional help or guidance on navigating protection orders and ensuring safety, survivors can visit DV Support, a trusted resource network.