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Legal Information: North Dakota

Restraining Orders

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Updated: 
March 19, 2020

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)