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Legal Statutes: North Dakota

UPDATED December 17, 2015

North Dakota Statutes

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Chapter 14-07.1 Domestic Violence

back to top14-07.1-02. Domestic violence protection order

1. An action for a protection order commenced by a verified application alleging the
existence of domestic violence may be brought in district court by any family or
household member or by any other person if the court determines that the
relationship between that person and the alleged abusing person is sufficient to
warrant the issuance of a domestic violence protection order. An action may be
brought under this section, regardless of whether a petition for legal separation,
annulment, or divorce has been filed.

2. Upon receipt of the application, the court shall order a hearing to be held not later than fourteen days from the date of the hearing order.

3. Service must be made upon the respondent at least five days prior to the hearing. If service cannot be made, the court may set a new date.

4. Upon a showing of actual or imminent domestic violence, the court may enter a
protection order after due notice and full hearing. The relief provided by the court
may include any or all of the following:

a. Restraining any party from threatening, molesting, injuring, harassing, or having
contact with any other person.

b. Excluding either the respondent or any person with whom the respondent lives
from the dwelling they share, from the residence of another person against
whom the domestic violence is occurring, or from a domestic violence care
facility, if this exclusion is necessary to the physical or mental well-being of the
applicant or others.

c. Awarding temporary custody or establishing temporary visitation rights with
regard to minor children.

d. Recommending or requiring that either or both parties undergo counseling with
a domestic violence program or other agency that provides professional
services that the court deems appropriate. The court may request a report
from the designated agency within a time period established by the court. The
costs of the court-ordered initial counseling assessment and subsequent
reports must be borne by the parties or, if indigent, by the respondent's county
of residence.

e. Requiring a party to pay such support as may be necessary for the support of a
party and any minor children of the parties and reasonable attorney's fees and
costs.

f. Awarding temporary use of personal property, including motor vehicles, to
either party.

g. Requiring the respondent to surrender for safekeeping any firearm or other
specified dangerous weapon, as defined in section 12.1-01-04, in the
respondent's immediate possession or control or subject to the respondent's
immediate control, if the court has probable cause to believe that the
respondent is likely to use, display, or threaten to use the firearm or other
dangerous weapon in any further acts of violence. If so ordered, the
respondent shall surrender the firearm or other dangerous weapon to the
sheriff, or the sheriff's designee, of the county in which the respondent resides
or to the chief of police, or the chief's designee, of the city in which the
respondent resides.

5. A court of competent jurisdiction may issue a dual protection order restricting both parties involved in a domestic violence dispute if each party has commenced an action pursuant to subsection 1 and the court, after a hearing, has made specific
written findings of fact that both parties committed acts of domestic violence and that neither party acted in self-defense. The order must clearly define the responsibilities and restrictions placed upon each party so that a law enforcement officer may readily determine which party has violated the order if a violation is alleged to have occurred.

6. The court may amend its order or agreement at any time upon subsequent petition filed by either party.

7. No order or agreement under this section affects title to any real property in any
matter.

8. The petition for an order for protection must contain a statement listing each civil or criminal action involving both parties.

9. Upon the application of an individual residing within the state, a court may issue a
domestic violence protection order or an ex parte temporary protection order under
this chapter even though the actions constituting domestic violence occurred
exclusively outside the state. In these cases, a respondent is subject to the personal
jurisdiction of this state upon entry into this state. If the domestic violence justifying
the issuance of a protection order under this chapter occurred exclusively outside the state, the relief that may be granted is limited to an order restraining the party from having contact with or committing acts of domestic violence on another person in this state.
S.L. 1979, ch. 193, § 2; 1981, ch. 167, § 1; 1985, ch. 194, § 1; 1987, ch. 177, § 1; 1989, ch. 177, § 3; 1991, ch. 149, § 2; 1991, ch. 326, § 52; 1995, ch. 150, § 2; 1997, ch. 148, § 1; 2001, ch. 151, § 1.