State Laws: Domestic Violence/Protection Orders

According to North Dakota state law, 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 include any or all of the following:

• Stop the person committing domestic violence, or the victim(s), from threatening, molesting, injuring, harassing, stalking, or having contact with any other person.
• Exclude the person committing domestic violence from a dwelling, residence, or a domestic violence care facility.
• Award temporary custody or establish temporary visitation rights to minor children.
• Recommend or require the person committing domestic violence and/or the victim(s) go to counseling.
• Require payment of child support or other support, and/or payment of attorney’s fees.
• Award temporary use of personal property to either the victim(s) and/or the person committing domestic violence.
• Require the person committing domestic violence to surrender firearms or other dangerous weapons.

How do I get a Domestic Violence Protection Order?

To get a DVPO, you must prepare Domestic Violence Protection Order forms and file them with a North Dakota district court. The forms can be presented to the district court by yourself, an attorney, or with a certified domestic violence/sexual assault (DV/SA) advocate’s help. There are no filing or service fees for a DVPO.

An attorney or certified DV/SA advocate may advise and assist you in preparing the necessary forms to secure a DVPO. To find a certified DV/SA advocate, contact a DV/SA advocacy center near you. All DV/SA advocate services are FREE and confidential. If you retain a lawyer, you’re responsible for paying the lawyer’s fees.

Forms for requesting a DVPO can be obtained through your county courthouse or found on the North Dakota Courts website.

After your petition is filed with the district court, a judge or judicial referee may grant a Temporary Domestic Violence Protection Order. A Temporary Domestic Violence Protection Order can be granted ex parte, or based on one party’s account, without a hearing. It gives immediate relief until a Domestic Violence Protection Order is served following a hearing. Relief may include:

• Restraining the abuser from threatening, molesting, injuring, harassing or having contact with the victim;
• Excluding the abuser from the victim and abuser’s dwelling, another person’s residence or a domestic violence shelter;
• Awarding temporary custody or temporary visitation rights for minor children.

With a temporary order, a court hearing must be held within 14 days of issuance. At the hearing, the court will listen to the accounts of both parties to determine whether or not to issue a Domestic Violence Protection Order.

After the hearing is held, if the judge or judicial referee determines you’ve proven that there’s sufficient evidence of actual or imminent domestic violence, the judge or judicial referee may grant the Domestic Violence Protection Order and give the length of the order.

Domestic Violence Protection Order violations

If you are granted a DVPO, the respondent (offender) 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 DVPO is a civil remedy, a violation is a criminal offense. A first violation is a class A misdemeanor, with a maximum penalty of one year in jail, a $3,000 fine, or both. Any second or subsequent violation is a Class C Felony with a maximum penalty of five years in jail, a $10,000 fine, or both. This penalty applies to any offense against any subsequent victim under any protection order.

If a law enforcement officer has probable cause to believe that a person has violated a protection order or 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.

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.