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Legal Information: North Dakota

Restraining Orders

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Laws current as of December 28, 2023

What if I don’t qualify for a domestic violence protection order?

If you do not qualify for a protection order because the person who has harassed or sexually assaulted you is not a “family or household member,” you may be eligible to file for a disorderly conduct restraining order or a sexual assault restraining order.1

Also, you might still be able to pursue criminal charges against the offender.  Things like assault, stalking, and harassment can be against the law – no matter who the abuser is.  If a crime is being committed against you, you may want to report it to law enforcement.  If charges are pressed against the abuser, a judge may be able to order him/her to stay away from you. For definitions of common crimes in North Dakota, go to our Crimes page.

Domestic violence protection orders do not cover many types of emotional or mental abuse. If you’re being mentally or emotionally abused, please contact a domestic violence organization in your area. They can help you figure out your options, help you stay safe, and offer you support.  See our ND Advocates and Shelters page for referrals.

You may also want to visit our Safety Planning page for ways to increase your safety.

1 See N.D.Cent. Code §§ 12.1-31.2-01(5); 12.1-20-07(1)