Restraining Orders

In a temporary ex parte protection order, a judge can:

• forbid the abuser from contacting you or committing acts of domestic violence against you or any other person;
• exclude the abuser or anyone with whom the abuser lives from your home, another person’s home (such as your relative), or a domestic violence shelter;
• award temporary custody or establish temporary visitation rights of minor children you have with the abuser; and
• order the abuser to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms if the judge believes that the abuser is likely to use, display or threaten to use the firearm in further acts of violence.¹

A final domestic violence protection order can:

• forbid any party from threatening, molesting, injuring, harassing, or having contact with any other person;
• exclude the abuser or anyone with whom the abuser lives from your home, another person’s home (such as your relative), or a domestic violence shelter if necessary to the physical or mental well-being of the you or others;
• award temporary custody and visitation rights of any minor children in common;
• recommend or require that you and/or the abuser undergo counseling with a domestic violence program or other organization that provides professional services that the judge thinks is appropriate;
• award spousal support, child support, and attorney’s fees;
• award temporary use of personal property, including motor vehicles; and
• order the abuser to hand over any firearms in his/her possession to the authorities and forbid him/her from buying firearms if the judge believes that the abuser is likely to use, display or threaten to use the firearm in further acts of violence. Note: The abuser can be ordered to surrender the firearm to the sheriff/police in the county/city where the respondent lives by a specific date. If the abuser does not surrender the firearm, s/he can be arrested and the law enforcement officer can take possession of the firearm.²

Whether a judge orders any or all of the above depends on the facts of your case.

¹ N.D. Cent. Code § 14-07.1-03(2)
² N.D. Cent. Code § 14-07.1-02(4)