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Legal Information: North Dakota

Restraining Orders

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Laws current as of December 28, 2023

What kinds of disorderly conduct restraining orders are there and how long do they last?

Temporary disorderly conduct restraining orders:
A temporary disorderly conduct restraining order will tell the abuser to stop harassing or abusing you and/or prohibit the abuser from contacting you. To get one, you will need to fill out a petition with your name, or the name of the victim if you are applying for a minor, as well as the abuser’s name, and the specific facts that explain what happened and why you need a disorderly conduct restraining order.1 Based on your petition, if the judge believes that the abuser committed an act of disorderly conduct, the judge may issue a temporary order. To get a temporary order, the abuser does not need to be notified in advance. A temporary order will be effective until a final disorderly conduct restraining order is served on the abuser or until the temporary order is dismissed by the judge if you are denied a final order at the hearing.2  A full hearing for a final disorderly conduct restraining order will be scheduled within 14 days from the date you get the temporary order unless good cause is shown for why the hearing cannot happen in fourteen days.3

Disorderly conduct restraining orders:
A final disorderly conduct restraining order will only be granted after the abuser has been notified of the date and place of the court hearing and has a chance to tell his/her side of the story at a court hearing. Both you and the abuser will have an opportunity to present evidence, testimony, witnesses, etc. – you might want to get a lawyer for this hearing, especially if you think the abuser might have one. If the judge believes the abuser has committed disorderly conduct, s/he will grant a disorderly conduct restraining order.3 The order will last up to two years.4

1 N.D. Cent. Code § 12.1-31.2-01(3)
2 N.D. Cent. Code § 12.1-31.2-01(4)
3 N.D. Cent. Code § 12.1-31.2-01(5)
4 N.D. Cent. Code § 12.1-31.2-01(6)