State Laws: Domestic Violence & Protection Orders

According to North Dakota law (N.D.C.C. § 14-07.1-01), domestic violence includes:

• Physical harm
• Bodily injury
• Sexual activity compelled by physical force
• Assault
• The infliction of fear of any of the above actions
• Stalking

Under the law, domestic violence can be committed against a spouse, family member, former spouse, parent, child, persons related by blood or marriage, persons who are in a dating relationship, persons who are presently residing together or who have resided together in the past, persons who have a child in common regardless of whether they are or have been married or have lived together at any time, and, for the purpose of the issuance of a domestic violence protection order, any other person with a sufficient relationship to the abusing person as determined by the court.

View the full law relating to domestic violence.

What is a Domestic Violence Protection Order?

A Domestic Violence Protection Order, or DVPO, is a civil order from a North Dakota state district court. A DVPO requires the person committing domestic violence to stop and to leave the victim(s) listed on the order alone.

A DVPO may also:

• Restrain the respondent from threatening, molesting, injuring, harassing, or having contact with any other person
• Exclude the respondent from the residence of another individual or from a place necessary to ensure the safety of the protected individual
• Award temporary primary residential responsibility (custody) or establish temporary parenting time with minor children
• Recommend or require the respondent complete a domestic violence offender assessment and attend a domestic violence intervention program
• Require payment of child support or other support, and/or payment of attorney’s fees
• Award temporary use of personal property, including a vehicle, to either party
• Require the respondent to surrender firearms or other dangerous weapons to law enforcement

Any adult who is a victim of domestic violence, or the parent, stepparent, or guardian of a minor who reasonably believes the minor is a victim of domestic violence may seek a DVPO. You can also apply for a DVPO if you’re experiencing stalking.

A minor of sufficient and competent age may apply for a DVPO on their own behalf (N.D.C.C. § 14-07.7-02). “Sufficient and competent age” is not defined in the law; a judge uses their discretion to determine if a minor meets this standard.

View the full law relating to civil protection orders.

How do I apply for a Domestic Violence Protection Order?

1. Prepare the Domestic Violence Protection Order Forms; File them with the Clerk of Court—To apply for a DVPO, you must prepare Domestic Violence Protection Order forms and give them to your district court. This is also known as filing a petition. Forms for requesting a DVPO can be found at your county courthouse or online at www.ndcourts.gov/legal-self-help. There are no filing or service fees for a DVPO.
   
   A certified Domestic Violence/Sexual Assault Victim Advocate can assist you in preparing the DVPO application forms. To find a certified Domestic Violence/Sexual Assault Victim Advocate, visit our Find Help page. All services provided by certified Domestic Violence/Sexual Assault Victim Advocates are free and confidential. A state’s attorney may also assist you in preparing your application forms, but there are limits on the amount of assistance a state’s attorney may provide. If you retain a lawyer, you are responsible for paying the lawyer’s fees.
   
2. Your Petition is Reviewed; The Judge or Judicial Referee May Issue a Temporary Protection Order—Once your petition is filed, the clerk of court forwards your petition to a judge or judicial referee for review. If the judge or judicial referee finds there is an immediate and present danger of domestic violence, the judge or judicial referee may sign a Temporary DVPO.
   
   A Temporary Domestic Violence Protection Order may:
   
   
   • Restrain the respondent from having contact with or committing acts of domestic violence on another person
   • Exclude the respondent from the residence of an individual or from a place necessary to ensure the safety of the protected individual
   • Award temporary primary residential responsibility (custody) or establish temporary parenting time with minor children
   • Require the respondent to surrender firearms or other dangerous weapons to law enforcement
     
     If your case is reviewed and dismissed, a certified Domestic Violence/Sexual Assault Victim Advocate can help you safety plan and figure out what to do next.
     
3. A Hearing is Scheduled; The Respondent is Served the Temporary DVPO and Notified of the Hearing—If you’re granted a Temporary Domestic Violence Protection Order, the court will schedule a hearing to determine if the court will extend the DVPO for a longer period of time. The hearing should be within 14 days of when court issued the Temporary Order, but it may take longer. The respondent is notified of the date and time of the hearing and that a Temporary DVPO has been put in place against them. This is sometimes referred to as being “served.” Once the respondent is served the Temporary DVPO, the order goes into effect.
   
4. Attend the Hearing—You must attend the hearing to be granted a DVPO. A certified Domestic Violence/Sexual Assault Victim Advocate can attend with you. If the respondent does not show up for the hearing, the hearing still proceeds without them. At the hearing, both you and the respondent will have the opportunity to present your case to the court. You and the respondent may also be subject to cross examination.
   
5. The Judge or Judicial Referee Decides Whether to Grant the Domestic Violence Protection Order—At the end of the hearing, the judge or judicial referee determines whether a Domestic Violence Protection Order should be granted for a set period of time.
   
   If you are granted a DVPO, the clerk of court sends a copy of the DVPO to your local law enforcement agency, and the respondent is served the order. The respondent must also be notified of the actions or behaviors that would cause them to be in violation of the order. A Domestic Violence Protection Order is valid and enforceable as soon as it is signed by the judge or judicial referee. Once the respondent is served the order, violations are criminal acts.
   
   If your case is dismissed and the DVPO is not granted, a certified Domestic Violence/Sexual Assault Victim Advocate can help you safety plan and figure out what to do next.

Domestic Violence Protection Order violations

If you are granted a DVPO, the respondent must be clearly notified that a protection order has been put in place against them. This is sometimes referred to as being “served.” The respondent must also be notified of the actions or behaviors that would cause them to be in violation of the order

Though a Domestic Violence Protection Order is a civil order, a violation is a criminal offense. The penalties below apply to violations of both Temporary Orders and DVPOs.

If the respondent knows an order has been issued:

• The first violation is a Class A misdemeanor with a maximum penalty of one year in jail, a $3,000 fine, or both. A violation also constitutes contempt of court, meaning the respondent could face additional penalties for the act of disobeying the court order.
• Any second or additional violation is a Class C felony with a maximum penalty of five years in jail, a $10,000 fine, or both.
• A law enforcement officer shall arrest an individual without a warrant if the individual has violated a protection order, regardless of whether the violation was committed in the presence of the officer (N.D.C.C. § 14-07.7-18).
• If the respondent is charged with or arrested for a protection order violation or other domestic violence crimes, they could be required to use an electronic home detention or GPS system upon being released from custody (N.D.C.C. § 14-07.1-19).

Things to keep in mind

• The court cannot charge you filing and service fees for a DVPO.
• The court may not issue a mutual protection order unless both you and the respondent have filed separate applications.
• If you’re married, you do not need to file for divorce or separation to get a protection order.
• You must file a request with the court in order to have a protection order dismissed.
• Under federal and state Full Faith & Credit laws, North Dakota state and tribal courts must honor any protection order issued by another state or tribal court.
• Although not required for enforcement, you can register any foreign (out-of-state or tribal court) restraining orders with a North Dakota state district court.
• Even if you agree to have contact with the respondent, it’s still a violation of the DVPO for them to contact or communicate with you.
• If your DVPO is about to expire, a certified Domestic Violence/Sexual Assault Victim Advocate can help you understand your options and figure out what to do next. You can request an extension on your DVPO, or an advocate can help you find other ways to stay safe.

Notifications and updates

The North Dakota Statewide Automated Victim Information Notification (ND SAVIN) program can send you electronic notifications by email, text message, and/or phone calls to inform you of:

• When an order has been served
• Upcoming hearings
• Reminders of order expiration
• An offender’s court hearings, parole reviews, or change of address
• Change of status of the offender’s probation or parole status or status report of an offender in custody.

To sign up for this resource, you will need the case number and the exact spelling of the respondent’s full name.

Sign up for DVPO notifications.

Sign up for offender notifications.