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Important note: Although courts may be closed or accepting limited cases due to COVID-19, there should still be a way to file for a protection order and other emergency relief. See our Frequently Asked Questions Involving Courts and COVID-19, or call your local courthouse for more details.

Legal Information: North Dakota

Statutes: North Dakota

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February 25, 2019

14-07.1-11. Arrest without warrant

1. A law enforcement officer shall arrest a person without a warrant if the person has committed the offense of violating a protection order under section 14-07.1-06, whether or not the violation was committed in the presence of the officer.

2. A law enforcement officer may arrest a person without a warrant if the arrest is made within twelve hours from the time the officer determines there is probable cause to arrest for an assault of a family or household member as defined in section 14-07.1-01, whether or not the assault took place in the presence of the officer. After twelve hours has elapsed, the officer must secure an arrest warrant before making an arrest. A law enforcement officer may not arrest a person pursuant to this subsection without first observing that there has been recent physical injury to, or impairment of physical condition of, the alleged victim.

3. A law enforcement officer may not be held criminally or civilly liable for making an arrest pursuant to this section if the officer acts in good faith on probable cause and without malice.