What types of protection orders are there in North Dakota and how long do they last?
There are two types of domestic violence protection orders:
Temporary (ex parte) protection orders:
A temporary protection order can be issued the day you file your petition without the abuser being present in court and without prior notice to the abuser. A temporary order can be granted if you can prove to the judge through your testimony or evidence that there is an immediate and present danger of domestic violence based upon a recent incident of domestic violence.1 Generally, a temporary protection order lasts until the hearing for the protection order, which is usually held within 14 days but can be later if there is “good cause” to delay it.2
Note: According to North Dakota law, if the courts are closed and you are in urgent need of an ex parte order, you may file an application for an order with a magistrate. If there is “good cause” to do so, the magistrate can grant you an order. Showing that you are in immediate and present danger of domestic violence is considered to be “good cause” to grant an order. If you are granted an order by a magistrate, it will last 72 hours, or until a district court can grant you a temporary order.3
Domestic violence protection orders:
A domestic violence protection order can be issued based upon a showing of actual domestic violence or domestic violence that is about to happen (“imminent domestic violence”). The order can be issued only after a court hearing in which you and the abuser both have a chance to testify, and present evidence and witnesses to try to convince the judge to rule in your favor. If the judge grants you the order, the judge will indicate in the order how long the order will last.4 At this hearing, you may want to try to get a lawyer to represent you so that you can be present your case. For legal referrals, go to our ND Finding a Lawyer page.
1 N.D. Code § 14-07.1-03(1)
2 N.D. Code §§ 14-07.1-03(4); 14-07.1-02(2)
3 N.D. Code § 14-07.1-08
4 N.D. Code § 14-07.1-02(4); see North Dakota Supreme Court DVPO Instructions