How To Get A Restraining Order In North Dakota

In North Dakota, restraining orders (legally referenced as protection orders) are court-issued documents serving to protect individuals from threats such as domestic violence, stalking, sexual assault, or harassment. These court orders prohibit the respondent from contacting or approaching the petitioner and may include additional conditions, depending on the circumstances. Protection orders are governed by the North Dakota Century Code (NDCC), including NDCC § 14-07.1 for domestic violence, NDCC § 12.1-31.2 for disorderly conduct, and NDCC § 14-07.4 for sexual assault.

A protection order may be necessary when someone (the petitioner) experiences or fears physical harm, repeated harassment, or unwanted sexual contact from a person (the defendant). Restraining orders are typically part of the public record and can be found through North Dakota civil court records, which document filings, hearing outcomes, and enforcement actions related to protection orders.

Types Of Restraining Orders in North Dakota

In North Dakota, protection orders fall into two broad categories: civil protection orders and criminal protection orders.

Types of Civil Protection Orders

Typically, individuals initiate civil protection orders through the civil court system to protect them from future harm. North Dakota recognizes several types of civil restraining and protective orders, including:

• Domestic Violence Protection Orders (DVPOs): Petitioners must demonstrate a familial, household, or intimate relationship with the respondent and provide evidence of recent abuse.
• Disorderly Conduct Restraining Orders (DCROs): For individuals subjected to harassment, threats, or unwanted contact, regardless of the relationship to the respondent.
• Sexual Assault Restraining Orders: Specifically for victims of sexual assault who do not qualify for DVPOs, regardless of whether or not a domestic relationship exists.

Types of Criminal Protection Orders

Criminal protection orders are issued during the criminal prosecution process. They are typically initiated by the state (through law enforcement or a prosecutor) as part of a criminal case involving violence, harassment, or threats. Types of North Dakota Criminal Restraining Orders include:

• No-Contact Orders in Criminal Cases (NDCC § 12.1-31.2-02)

Are Restraining Orders Public Records In North Dakota?

Yes, restraining or protection orders typically become part of the public court record and are accessible to employers, landlords, and the general public unless sealed explicitly by a court order. They are generally included in the North Dakota district court case search system and appear in routine background checks often used by employers and landlords.

Exceptions to the public availability of protection orders exist. They include cases dismissed without finding cause, DVPO application files, personal sensitive data such as social security numbers, financial and any protective orders that have been sealed or redacted by court order.

Can You Lookup A Restraining Order Online?

Yes, certain basic case information on restraining orders is available to the public through North Dakota's online District Court Case Search portal. Additionally, the VINE Protective Order Service is another online tool provided by the state Attorney General's office, which allows petitioners to track their protective order requests online.

How To Lookup Restraining Orders In North Dakota

To look up restraining order records in North Dakota, individuals can search online through the North Dakota Public Search portal or visit the district court clerk's office in person to submit a records request.

Individuals may also find certain restraining order docket information on third-party websites that provide access to public records.

How To File A Restraining Order In North Dakota

To file a restraining order in North Dakota, a petitioner must:

1. Determine the appropriate order category based on the relationship and nature of the conduct.
2. Complete the required Judicial Council forms or local court documents, which may be available online (such as the Domestic Violence Protection Order forms, Disorderly Conduct Restraining Order forms, or Sexual Assault Restraining Order forms) or at district court offices.
3. File the forms with the clerk at the district court serving the area where the incident occurred or where either party resides. After filing, the court will assign a hearing date during which the judge will decide whether to issue a longer-term order.
4. The respondent receives a copy of the petition and notice of the hearing through personal delivery by law enforcement, a professional process server, or other legally authorized entities.

In urgent situations, particularly when the petitioner shows recent domestic violence and immediate threat, they may file a motion for a temporary (ex parte) order the same day (NDCC § 14-07.1-03(1):). If granted, it provides immediate protection until the hearing is held not more than two weeks later (NDCC § 14-07.1-03(4)). Ex-parte orders are granted without prior notice to the respondent and are based solely on the petitioner's sworn statements.

Can You File A Restraining Order For No Reason In North Dakota?

No, a restraining order cannot be filed or granted without a valid reason in North Dakota. The state's statutes require the petitioner to meet a legal threshold of reasonable proof of abuse, harassment, or threat, as defined in NDCC § 14-07.1-02(4) and NDCC § 14-07.1-03(1), before a judge can issue a protection order. In other words, petitioners must establish facts supported by evidence and testimony that show a credible threat or pattern of misconduct.

How Long Does A Restraining Order Last In North Dakota?

In North Dakota, the duration of a restraining order depends on the type of order and the court's judgment. A temporary protection order typically remains in effect until the full hearing, typically 14 days of issuance.

If the court issues a permanent protection order after the hearing, then the validity period of the order depends on the type of protective order issued. For instance, Disorderly Conduct Restraining Orders and Sexual Assault Restraining Orders have a maximum duration of two years (NDCC § 12.1-31-01.2(7), NDCC § 12.1-31.2-01(6)). However, Domestic Violence Protection Orders do not have a fixed timeline. Instead, the exact duration is specified in the judge's final order, "as the court directs" (NDCC § 14-07.1-02 (4)).

Before a protection order expires, the petitioner may file a motion for renewal or extension, accompanied by an attached affidavit or supporting statement. If the petitioner can demonstrate that there is a continued threat, the court may hold a hearing on the renewal request and extend the order for an additional period.

What Proof Do You Need For A Restraining Order In North Dakota?

To obtain a restraining order in North Dakota, there must be enough credible evidence to show that protection is necessary for the petitioner. For a temporary order, the concern is whether there is an immediate and present danger. For a permanent order, the judge must find reasonable grounds to believe the abuse happened or could happen again.

Temporary Restraining Order: To support a temporary restraining order request, a petitioner may submit:

• An affidavit
• Police or incident reports
• Medical records showing injuries or trauma
• Photos of physical injuries or damaged property
• Text messages, voicemails, or emails containing threats or harassment
• Eyewitness statements
• Written or recorded threats

Permanent Restraining Order: Supporting proof might include:

• The petitioner's testimony
• Eyewitness testimony
• Audio or video recordings of threats, violence, or stalking
• Proof of repeated unwanted contact
• School or child welfare reports, when children are involved
• Records of past restraining orders or criminal charges, if related

The court reviews the evidence using a "preponderance of the evidence" standard, which means it must be convinced that the abuse or harassment more likely happened than not.

How Long Does It Take To Get A Restraining Order In North Dakota?

Several factors may influence the time it takes to obtain a restraining order in North Dakota. A judge may grant an ex-parte (temporary) protection order on the same day the petition is filed without notifying the defendant party if there is an immediate and present danger of harm, per NDCC § 14-07.1-03(1). After the issuance of a temporary protection order, the court must schedule a full hearing within 14 days (NDCC § 14-07.1-02(2)), depending on the district court's calendar and the availability of the involved parties.

Expedited hearings are often prioritized when children, weapons, or continued violence are involved.

How Long Does A Restraining Order Last In North Dakota?

In North Dakota, the duration of a restraining order depends on the type of order and the court's judgment. A temporary protection order typically remains in effect until the full hearing, which must occur within 14 days of issuance.

If the court issues a permanent protection order after the hearing, the validity period of the order depends on the type of protective order issued. Disorderly Conduct Restraining Orders and Sexual Assault Restraining Orders have a maximum duration of two years (NDCC § 12.1-31-01.2(7), NDCC § 12.1-31.2-01(6)). However, Domestic Violence Protection Orders do not have a fixed timeline. The exact duration is specified in the judge's final order "as the court directs" (NDCC § 14-07.1-02(4)).

Before a protection order expires, the petitioner may file a motion of renewal or extension of the order based on a demonstrated need for continued protection.

How Much Does A Restraining Order Cost in North Dakota?

The costs associated with obtaining restraining orders in North Dakota can vary based on the type of order and the specific circumstances of the case.

• North Dakota does not charge a filing fee or process fee for domestic violence protection and sexual assault orders. However, minor fees may apply for photocopies, certified copies of court orders, or mailing fees. Certified copies generally cost between $1 and $2 per page.
• Disorderly Conduct Restraining Orders typically require a filing fee of approximately $80 (12.1-31.2-01), in addition to service of process, certifications, etc. Certified copies of the restraining order are often available at standard clerk fees.

In most cases, petitioners can request a fee waiver by completing a poverty affidavit or submitting a financial statement that demonstrates an inability to pay. Additionally, many advocacy organizations, such as domestic violence shelters or legal aid offices, assist with the application process and may cover or help reduce these expenses through victim assistance grants or state-funded support programs.

Can You Cancel A Restraining Order In North Dakota?

Yes, restraining orders in North Dakota may be canceled, modified, or dismissed through a formal legal process initiated by either the petitioner or the respondent. To begin this process, the requesting party must submit a written motion or application to the district court that issued the original order, clearly stating the reason for the requested change or termination. The court will then notify the opposing party and schedule a hearing, during which both parties may present testimony or evidence.

The judge may grant, deny, or amend the request based on the safety of the petitioner and whether there is sufficient cause to alter the existing order (NDCC § 14-07.1-02(4)). The court's decision will be documented in an updated court order, which becomes part of the case file.