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Legal Information: North Dakota

Restraining Orders

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Updated: 
March 19, 2020

How do I get a sexual assault restraining order?

You can file for a sexual assault restraining order in district court (see our ND Courthouse Locations page).1 The steps for obtaining a sexual assault restraining order are similar to those for getting a domestic violence protection order. Please see What are the steps for obtaining a domestic violence protection order? for more information.

1North Dakota Petition for Sexual Assault Restraining Order

Do I need an attorney to file for a sexual assault restraining order?

You do not need an attorney to file for a sexual assault restraining order. However, it may be helpful to have an attorney, especially if the abuser is represented by one. Go to our ND Finding a Lawyer page to find help in your area. If you cannot find a lawyer through one of the organizations listed, a domestic violence organization in your area may be able to refer you to an attorney or legal aid service that will take your case for free or at a reduced rate.

What happens if the abuser violates the sexual assault restraining order?

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 5 years, pay a fine of $10,000, or both.4

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