State Laws: Sexual Assault/Restraining Orders

According to North Dakota state law, a person who knowingly has sexual contact with another person, or who causes another person to have sexual contact with that person, is guilty of a sexual assault offense if:

• They know or have reasonable cause to believe that the contact is offensive to the other person;
• That person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders him or her incapable of understanding the nature of his or her conduct;
• The victim is unknowingly impaired by alcohol or drugs;
• The other person is in official custody or detained in a hospital, prison, or other institution and the offender has supervisory or disciplinary authority over that other person; or
• The victim is a minor, 15 years of age or older, and the offender is an adult.

In North Dakota state law, sexual assault can also be referred to as gross sexual imposition. A person can be found guilty of gross sexual imposition if:

• They compel the victim to submit by force or by threat of imminent death, serious bodily injury, or kidnapping, to be inflicted on any human being;
• The victim is unknowingly impaired by alcohol or drugs;
• The victim is unaware that a sexual assault is being committed;
• The victim is less than 15 years old;
• That person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders him or her incapable of understanding the nature of his or her conduct; or
• The victim is physically injured because of the assault.

The law also covers child sexual abuse, luring minors by electronic means, and incest. Under this law, the victim’s former relationship with the offender or any former relationships as well as manner of dress cannot be used by the defense.

View the full North Dakota law regarding sex offenses.

What is a Sexual Assault Restraining Order?

A Sexual Assault Restraining Order, or SARO, is a civil order from a North Dakota state district court. A SARO requires the person committing sexual assault to stop and to leave the victim(s) listed on the order alone. A SARO may:

• Stop the offender from contacting, harassing, stalking, or threatening the victim.
• Stop the offender from having contact with the victim(s) listed in the order, including calling, writing, or having messages delivered.
• Stop the offender from appearing at the victim’s residence, school, and place of employment.

An individual who is the victim of sexual assault or the parent, stepparent, or guardian of a minor who reasonably believes the minor is a victim of sexual assault may seek a SARO. A SARO can be granted for up to two years.

How do I get a Sexual Assault Restraining Order?

To get a SARO, you must prepare Sexual Assault Restraining 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 SARO.

An attorney or certified domestic violence/sexual assault (DV/SA) advocate may advise and assist you in preparing the necessary forms to secure a SARO. 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 SARO can be obtained through your county courthouse or found on the North Dakota Courts website.

The order can be temporarily granted ex parte (based on one party’s account) without a hearing. If you’re granted a temporary Sexual Assault Restraining Order, a hearing is held within 14 days to determine if the court will extend the SARO for a longer period of time (up to two years).

After the hearing is held, if the judge or judicial referee finds that you’ve proven there are reasonable grounds to believe the respondent (offender) committed sexual assault, the judge or judicial referee may grant a
Sexual Assault Restraining Order and give the length of the order. A SARO can’t last more than two years.

Sexual Assault Restraining Order violations

If you are granted a SARO, the respondent (offender) must be clearly notified that a restraining 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 the SARO is a civil remedy, a violation is a criminal offense. 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 subsequent violation is a Class C felony with a maximum penalty of five years in jail, a $10,000 fine, or both.

If the existence of an order can be verified, a law enforcement officer may, without a warrant, arrest and take into custody an individual whom the officer has probable cause to believe has violated the order. An individual charged with or arrested for a sexual assault crime, including a restraining order or no contact order violation, can be required to use an electronic home detention or GPS system.

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 SARO notifications.

Sign up for offender notifications.