Protective Orders in North Dakota

Who qualifies

Under N.D.C.C. 14-07.7-01, domestic violence includes physical harm, bodily injury, stalking, sexual activity compelled by physical force, and assault. It also covers putting someone in fear of any of those. This must be committed by a family or household member. That term means a spouse, former spouse, parent, child, or a relative by blood or marriage. It also includes a current or former dating partner, and someone who currently or previously lived with the person. It covers someone with whom the person has a child in common, too. For purposes of a civil protection order, it also covers any other person the court finds has a sufficient relationship to the person accused of abuse.

Filing and the temporary order

Under N.D.C.C. 14-07.7-02, a victim of domestic violence, disorderly conduct, or sexual assault can file a petition. No filing fee may be charged. A petition can be filed regardless of whether a separate legal separation, annulment, divorce, or parenting rights case is already underway. Under N.D.C.C. 14-07.7-06, the court can grant a temporary domestic violence protection order without notice to the respondent. This happens if the petition alleges reasonable grounds to believe domestic violence occurred. That order can restrain contact, exclude the respondent from a shared residence, and set temporary primary residential responsibility or parenting time for minor children.

The 14-day hearing rule

After a temporary order is issued, the sheriff serves the respondent with a copy of it and notice of the hearing. Under N.D.C.C. 14-07.7-07, the court must set a hearing no later than 14 days after the temporary order was issued, unless good cause supports a later date. At that hearing, the court must find two things before granting a final order. It must find the relationship between the parties is sufficient to warrant protection, and that there was a showing of actual or imminent domestic violence.

Firearms

North Dakota's new chapter includes a firearm surrender mechanism tied to danger, not an automatic ban in every case. Under N.D.C.C. 14-07.7-06 and 14-07.7-07, the court can order surrender of a firearm or dangerous weapon for safekeeping. This applies if the court has probable cause to believe the respondent is likely to use, display, or threaten to use it in further acts of violence. That can happen as part of a temporary order or the final order.

Once ordered, the respondent must surrender the firearm within 24 hours of being served, or immediately upon a law enforcement officer's request. It goes to the sheriff or police chief in the respondent's county or city of residence. Failing to surrender on time can lead to arrest. The officer can also take possession of the weapon.

Custody and confidentiality

A temporary or final domestic violence protection order can award temporary primary residential responsibility or set temporary parenting time for minor children, as part of the order itself. Hearings on a domestic violence protection order petition are closed to the public. Only the parties, their attorneys, the state's attorney, witnesses, and certain victim advocates may attend, unless the court allows someone else with a proper interest. The protected individual's name in a domestic violence or sexual assault case is confidential, and must be redacted from records the public can access.