Restraining Orders

If the abuser knows about the sexual assault restraining order and violates the order, you can call the police or file a contempt motion.¹ The police may arrest the abuser for this violation. Violation of an order can be a class A misdemeanor and is considered contempt of court. If the abuser violates the sexual assault restraining order more than once, the abuser may be charged with a class C felony. ²

An officer can arrest the abuser without a warrant for violating a sexual assault restraining order if the officer:

• can confirm that the judge issued a sexual assault restraining order; and
• has probable cause to believe the abuser violated the sexual assault restraining order.²

If the abuser is found guilty of a class A misdemeanor, s/he could be sentenced to go to prison for up to 360 days, pay a fine of $3,000 or both.³ If the abuser is found guilty of a class C felony, s/he could be sentenced to go to prison for up to five years, pay a fine of $10,000, or both.⁴

¹ N.D. Cent. Code § 27-10-07
² N.D. Cent. Code § 12.1-31-01.2(9)
³ N.D. Cent. Code § 12.1-32.01(5)
⁴ N.D. Cent. Code § 12.1-32.01(4)