Know the Laws: North Dakota
UPDATED April 1, 2008
A Protection Order is a civil order that provides protection from harm by a family or household member, including someone you are dating and same-sex relationships.
- Basic Information
- Can I get a Protection Order?
- What are the steps for obtaining a DV Protection Order?
- After the Hearing
Basic Information
back to topWhat is the legal definition of domestic violence in North Dakota?
This section defines domestic violence for the purposes of getting a DV protection order.
Domestic violence includes when a family or household member:
- physical harms you,
- causes you bodily injury,
- physically forces you into sexual activity,
- assaults you, or
- puts you in fear of imminent physical harm, bodily injury, sexual activity compelled by physical force, or assault.
For the purpose of getting a domestic violence protection order, "family or household member" means a:
- spouse or former spouse
- parent
- child
- other family member
- person related by blood or marriage
- a person you are dating
- a person who is living with you or has lived with you before
- your child's other parent, even if you were never married or lived together
- any other person with a "sufficient relationship" to the abusing person as determined by the court
Note: Same-sex partners ARE eligible to file for protection orders in North Dakota.
Depending on the judge, minors may also be eligible to file on their own. Parents can also file on behalf of their minor child. Check with a local domestic violence program to find out the rules for minors in your area (ND State and Local Programs).
To read the exact wording of the law, see Section 14-07.1-01 on the ND Legal Statutes page.
back to topWhat is a DV (domestic violence) protection order?
A DV protection order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. Because these orders last a longer period of time than ex parte orders, they are sometimes referred to as "permanent" orders.
back to topHow can a DV protection order protect me?
A DV protection order can:
- Forbid the abuser from threatening, molesting, injuring, harassing, or having contact with you
- Forbid the abuser or anyone the abuser lives with from entering your home
- Award temporary custody or establish temporary visitation rights of minor children you have with your abuser
- Recommend or require that the abuser undergo counseling with a domestic violence program or other organization that provides professional services that the thinks is appropriate
- Award you spousal support and that the abuser pay your attorney’s fees
- Award you temporary use of personal property, including motor vehicles
- Order your abuser to hand over any firearms in his possession to the authorities and forbid him from buying firearms
Whether a judge orders any or all of the above depends on the facts of your case.
Note: It is important to understand that although protection orders forbid certain behaviors, they can never guarantee your safety. Most respondents obey their orders. However, orders may be broken, and safety planning is always critical.