How do I get a disorderly conduct restraining order?
You can file for a disorderly conduct order in district court (see our ND Courthouse Locations page). The steps for obtaining a disorderly conduct order are similar to those for getting a DV protection order. Please see What are the steps for obtaining a DV protection order? for more information. If you are in immediate danger, a judge can issue you a temporary disorderly conduct restraining order on the date you file your petition that will last until you have a full court hearing. For more information about the kinds of disorderly conduct restraining orders, please see What kinds of disorderly conduct restraining orders are there and how long do they last?
Contact the clerk of the court in your area or a lawyer for more information. A state’s attorney may also advise and assist a person in preparing the documents necessary to get a disorderly conduct restraining order.1
1 N.D.C.C. § 12.1-31.2-01(10)
Do I need an attorney to file for a disorderly conduct restraining order?
You do not need an attorney to file for a disorderly conduct restraining order. However, it may be in your interest to hire an attorney, especially if the abuser is represented by one. Go to our ND Finding a Lawyer page to find help in your area. If you cannot find a lawyer through one of the organizations listed, a domestic violence organization in your area may be able to refer you to an attorney or legal aid service that will take your case for free or at a reduced rate if your case involves a spouse or intimate partner.
How much does it cost to get a disorderly conduct restraining order?
There is a fee to file for a disorderly conduct restraining order1 unless you are filing against someone who is committing domestic violence against you (e.g., an intimate partner, spouse, etc.) – then there is no fee.2 The amount of the fee may vary by district court. You can check with the clerk of court for the fee in your district. If you feel you cannot afford the fee, you may be able to request that the fee be waived by filing a form called “Affidavit in Support of Petition for Waiver of Fees.” If you request a fee waiver, the judge will decide if you need to pay the fee or not.1
1 See, for example, the Stutsman County State’s Attorney Office website
2 N.D.C.C. § 12.1-31.2-01(11)
What happens if the abuser violates the disorderly conduct restraining order?
If the abuser violates the disorderly conduct restraining order, you can call the police. The police may arrest the abuser for this violation. Violation of an order can be a class A misdemeanor1 and the abuser can be sentenced to up to one year in jail and/or a fine of up to $3,000.2 The disorderly conduct restraining order should clearly state what acts will violate the order.3
1 N.D.C.C. § 12.1-31.2-01(8)
2 N.D.C.C. § 12.1-32-01(5)
3 N.D.C.C. § 12.1-31.2-01(7)(a),(b)