North Dakota Protection Orders — How to Get One

A protection order in North Dakota is a civil court order designed to protect a person from domestic violence, abuse, threats, or harassment by someone with whom they have a qualifying relationship §14-07.7-01 et seq..

Spouse, former spouse, person with a child in common, household member or former household member, person related by blood or marriage, or person in a current or former dating relationship.

A parent, guardian, or other authorized person may typically file on behalf of a minor or incapacitated person.

Ex parte temporary domestic violence protection order under §14-07.7-06, which stays in effect until the protection order issued after hearing is served unless the court terminates it earlier; domestic violence protection order after hearing under §14-07.7-07, with the hearing set no later than 14 days after the temporary order issues, or later if good cause is shown.

Set by the court — no statutory maximum for a domestic violence protection order; the order expires on the expiration date provided in the order (§14-07.7-03), and the court may amend an order on a motion by either party. The two-year limit applies only to disorderly conduct and sexual assault restraining orders.

Orders are filed in: District court; no filing fee for petitioner.

• No-contact and stay-away provisions
• Exclusive possession of a shared residence
• Temporary custody of minor children
• Temporary child support
• Order to attend counseling or intervention programs
• Prohibition on destroying, hiding, or disposing of property
• Any other relief the court deems necessary for the petitioner's safety

Under federal law §18 U.S.C. § 922(g)(8), it is a federal crime to possess a firearm while subject to a qualifying protection order — one issued after a hearing with notice and opportunity to participate, that restrains the person from threatening or using force against an intimate partner or child, and that includes either a credible-threat finding or an explicit prohibition on force. Ex parte or temporary orders issued without notice to the respondent generally do not trigger this federal prohibition.

North Dakota state law: Discretionary: the court may order the respondent to surrender any firearm or other specified dangerous weapon for safekeeping if it has probable cause to believe the respondent is likely to use, display, or threaten to use it in further acts of violence; if ordered, surrender is due within 24 hours of service or upon a law enforcement officer's request, whichever is sooner; if the respondent fails to surrender within 24 hours, an officer may arrest the respondent and take possession of the weapon; a first violation of the order is a Class A misdemeanor, and a second or subsequent violation following a conviction is a Class C felony §14-07.7-07; §14-07.7-17.

Violating a protection order is a criminal offense. Depending on the circumstances and the state, a violation may be charged as a Misdemeanor or a Felony. Law enforcement can arrest a respondent for a violation without a warrant.