# Title 14 — Domestic Relations and Persons

## Chapter 14-07.7 — Civil Protection Orders

### § 14-07.7-01. Definitions.

For purposes of this chapter:
1. a. "Civil protection order" means a protection order that prohibits the restrained
individual from:
(1) Contacting, harassing, injuring, intimidating, molesting, threatening,
touching, stalking, sexually assaulting, or abusing any protected individual;
(2) Entering or remaining on premises;
(3) Coming within a specified distance of the protected individual or premises;
or
(4) Any other action necessary to protect the protected individual from imminent
danger to life or health.
b. A civil protection order may be a:
(1) Disorderly conduct restraining order;
(2) Domestic violence protection order; or
(3) Sexual assault restraining order.
2. "Contact" means any interaction or communication with another individual, directly or
indirectly, including electronic, digital, and social media communication.
3. "Disorderly conduct" means intrusive or unwanted acts, words, or gestures intended to
adversely affect the safety, security, or privacy of another individual. Disorderly
conduct includes human trafficking and attempted human trafficking as defined in
title 12.1. Disorderly conduct does not include constitutionally protected activity.
4. "Domestic violence" includes physical harm, bodily injury, stalking, sexual activity
compelled by physical force, assault, or the infliction of fear of imminent physical harm,
bodily injury, sexual activity compelled by physical force, or assault, not committed in
self-defense, on the complaining family or household member.
5. "Family or household member" means a spouse, family member, former spouse,
parent, child, individual related by blood or marriage, individuals who are or were in a
dating relationship, individuals residing together or who have resided together in the
past, individuals with a child in common regardless of relationship status and, for the
purpose of the issuance of a civil protection order, any other individual with a sufficient
relationship to the abusing individual as determined by the court under section
14-07.7-07.
6. "Protected individual" means the individual identified in a civil protection order issued
under this chapter as the individual for whose benefit the civil protection order was
issued.
7. "Sexual assault" means any nonconsensual offense in chapter 12.1-20 for which
sexual act or sexual conduct, as defined in section 12.1-20-02, is an element.
8. "Stalking" has the meaning as in section 12.1-17-07.1. Domestic violence and
disorderly conduct include stalking.
### § 14-07.7-02. Petition for civil protection order.

1. An individual who is or has been a victim of disorderly conduct, domestic violence, or
sexual assault may file a petition for a civil protection order against:
a. A family or household member who commits an act of domestic violence; or
b. An individual who has committed disorderly conduct or sexual assault.
2. The petition must identify which type of civil protection order is sought.
3. If the individual to be protected is a minor, the parent, guardian, or attorney guardian
ad litem shall file a petition on behalf of the minor. The parent, guardian, or attorney
guardian ad litem of the minor is the petitioner and the minor is the protected
individual. A minor of sufficient and competent age may petition for a civil protection
order on their own behalf.
4. If the respondent is a minor, the parent or guardian must be notified of the petition and
any subsequent order.

5. The petition must allege facts sufficient to show:
a. The name of the alleged victim;
b. The name of the respondent engaging in the alleged conduct; and
c. The respondent engaged in the alleged conduct.
6. The petition must contain:
a. A declaration stating the specific facts and circumstances supporting the relief
sought; and
b. A statement listing each civil or criminal action involving both parties.
7. A petition may be against only one respondent. Dual protection orders in a single
action are prohibited.
8. A petition may be brought under this chapter without regard to the commencement of
an action for legal separation, annulment, divorce, or parenting rights and
responsibilities.
9. A filing fee may not be charged for a civil protection order petition.
### § 14-07.7-03. Civil protection order - General provisions - Confidentiality.

1. A civil protection order must contain a conspicuous notice to the respondent providing:
a. The specific conduct that constitutes a violation;
b. The penalties for violation of the order; and
c. A peace officer may arrest the respondent without a warrant and take the
respondent into custody if the peace officer has probable cause to believe the
respondent violated the order.
2. The court may amend an order following a motion filed by either party.
3. An order entered under this chapter expires on the expiration date provided in the
order at eleven fifty-nine p.m. central standard time.
4. No order under this chapter affects title to real property.
5. A court record maintained in relation to a civil protection order is open to inspection by
a law enforcement officer.
6. The name of a protected individual in a case involving domestic violence or sexual
assault under this chapter is confidential and must be redacted from a record
accessible to the public. Any record that may reveal the identity or location of a
protected individual in a case involving domestic violence or sexual assault under this
chapter is confidential.
7. A hearing on a petition for a domestic violence protection order filed under section
closed to the public. The court shall allow to be present the parties, the parties'
attorneys, the state's attorney, the protected individual, any witness, and a certified
domestic violence sexual assault advocate, as defined under the North Dakota
Supreme Court Administrative Rules. The court may allow to be present any other
individual the court determines has a proper interest in the hearing.
### § 14-07.7-04. Temporary disorderly conduct restraining order.

1. If the petition for relief alleges reasonable grounds that a respondent engaged in
disorderly conduct, the court, pending a full hearing, may grant a temporary disorderly
conduct restraining order ordering the respondent to cease the disorderly conduct or
contact with the protected individual.
2. A temporary restraining order may be entered:
a. Against the respondent named in the petition; and
b. Without notice to the respondent.
3. Unless otherwise terminated by the court, the temporary restraining order is in effect
until an order issued under section 14-07.7-05 is served.
### § 14-07.7-05. Disorderly conduct restraining order.

1. The court may grant a disorderly conduct restraining order ordering the respondent to
cease the disorderly conduct or contact with the protected individual if:

a. The petitioner files a petition under section 14-07.7-02;
b. The sheriff serves the respondent with a copy of the temporary restraining order
issued under section 14-07.7-04 and with notice of the time and place of the
hearing;
c. The court sets a hearing for no later than fourteen days after issuance of the
temporary restraining order, or a later date if good cause is shown; and
d. After the hearing, the court finds reasonable grounds exist to believe the
respondent engaged in disorderly conduct.
2. If a respondent claims to have engaged in constitutionally protected activity, the court
shall determine the validity of the claim as a matter of law and, if found valid, shall
exclude evidence of the activity.
3. Relief granted by the restraining order may not exceed two years.
### § 14-07.7-06. Temporary domestic violence protection order.

1. If the petition for relief alleges reasonable grounds to believe a respondent engaged in
domestic violence, the court, pending a full hearing, may grant a temporary domestic
violence protection order that may include provisions:
a. Restraining the respondent from having contact with or committing acts of
domestic violence on another individual.
b. Excluding the respondent from the residence of another individual or from a place
necessary to ensure the safety of the protected individual.
c. Awarding temporary primary residential responsibility or establishing temporary
parenting time with regard to minor children.
d. Requiring the respondent to surrender for safekeeping any firearm or other
specified dangerous weapon, as defined in section 12.1-01-04, which is in the
respondent's possession, custody, or control, if the court has probable cause to
believe the respondent is likely to use, display, or threaten to use the firearm or
other dangerous weapon in further acts of violence.
2. If ordered to surrender a firearm or other dangerous weapon, the respondent shall
surrender the firearm or dangerous weapon within twenty-four hours of being served
or upon the request of a law enforcement officer, whichever is sooner, to:
a. The sheriff, or the sheriff's designee, of the county in which the respondent
resides; or
b. The chief of police, or the chief's designee, of the city in which the respondent
resides.
3. If the respondent is ordered to surrender a firearm or other dangerous weapon and
fails to do so within twenty-four hours, a law enforcement officer may arrest the
respondent in accordance with section 14-07.7-18 and take possession of the firearm
or dangerous weapon.
4. A temporary domestic violence protection order may be entered only against the
respondent named in the petition.
5. The court may issue a temporary domestic violence protection order without giving
notice to the respondent.
6. Unless otherwise terminated by the court, the temporary domestic violence protection
order is in effect until a protection order issued under section 14-07.7-07 is served.
### § 14-07.7-07. Domestic violence protection order.

1. The court may enter a domestic violence protection order if:
a. The petitioner files a petition under section 14-07.7-02;
b. The sheriff serves the respondent with a copy of the temporary domestic violence
protection order issued under section 14-07.7-06 and with notice of the time and
place of the hearing;
c. The court sets a hearing for no later than fourteen days after issuance of the
temporary domestic violence protection order or at a later date if good cause is
shown; and
d. The court finds after the hearing that:

(1) The relationship between the respondent and protected individual is
sufficient to warrant protection; and
(2) There was a showing of actual or imminent domestic violence.
2. The relief provided in the domestic violence protection order may include:
a. Restraining any party from threatening, molesting, injuring, harassing, or having
contact with any other individual.
b. Excluding the respondent from the residence of another individual or from a place
necessary to ensure the safety of the protected individual.
c. Awarding temporary primary residential responsibility or establishing temporary
parenting time with regard to minor children.
d. Recommending or requiring that the respondent complete a domestic violence
offender assessment and attend a domestic violence intervention program as
determined appropriate by the court. The court may request a report from the
designated program within a time period established by the court. The costs of
the court-ordered assessment and subsequent reports must be borne by the
respondent or, if indigent, by the respondent's county of residence.
e. Requiring a party to pay any support necessary for the support of a party and any
minor children of the parties and reasonable attorney fees and costs.
f. Awarding temporary use of personal property, including motor vehicles, to either
party.
g. Requiring the respondent to surrender for safekeeping any firearm or other
specified dangerous weapon, as defined in section 12.1-01-04, in the
respondent's possession, custody, or control, if the court has probable cause to
believe the respondent is likely to use, display, or threaten to use the firearm or
other dangerous weapon in further acts of violence. If ordered to surrender a
firearm or other dangerous weapon, the respondent shall surrender the firearm or
dangerous weapon within twenty-four hours of being served or upon the request
of a law enforcement officer, whichever is sooner, to:
(1) The sheriff, or the sheriff's designee, of the county in which the respondent
resides; or
(2) The chief of police, or the chief's designee, of the city in which the
respondent resides.
3. If the respondent is ordered to surrender a firearm or other dangerous weapon and
fails to do so within twenty-four hours, a law enforcement officer may arrest the
respondent in accordance with section 14-07.7-18 and take possession of the firearm
or dangerous weapon.
### § 14-07.7-08. Temporary sexual assault restraining order.

1. If the petition for relief alleges reasonable grounds to believe an individual has
committed sexual assault, the court, pending a full hearing, may grant a temporary
sexual assault restraining order.
2. A temporary restraining order may be entered only against the individual named in the
petition. The order must include provisions prohibiting the individual from:
a. Harassing, stalking, or threatening the protected individual;
b. Appearing at the residence, school, and place of employment of the protected
individual; and
c. Contacting the protected individual.
### § 14-07.7-09. Sexual assault restraining order.

1. The court may grant a sexual assault restraining order if:
a. The petitioner files a petition under section 14-07.7-02;
b. The sheriff serves the respondent with a copy of the temporary sexual assault
restraining order issued under section 14-07.7-08 and with notice of the time and
place of the hearing;

c. The court sets a hearing for no later than fourteen days after issuance of the
temporary sexual assault restraining order or a later date if good cause is shown;
and
d. The court finds after the hearing there are reasonable grounds to believe the
respondent committed sexual assault.
2. The order must include provisions prohibiting the respondent from:
a. Harassing, stalking, or threatening the protected individual;
b. Appearing at the residence, school, and place of employment of the protected
individual; and
c. Contacting the protected individual.
3. The relief granted by the sexual assault restraining order may not exceed two years.
### § 14-07.7-10. Assistance of state's attorney or domestic violence sexual assault

advocate.
1. Notwithstanding subsection 5 of section 11-16-05, a victim witness coordinator or a
state's attorney staff member may assist an individual in preparation of documents
necessary to secure a civil protection order under this section.
2. Notwithstanding section 27-11-01, a certified domestic violence sexual assault
advocate, as defined under the North Dakota Supreme Court Administrative Rules,
may assist an individual in preparation of documents necessary to secure a civil
protection order under this chapter and may sit with the petitioner during court
proceedings.
### § 14-07.7-11. Notification of stalking law.

When an order is issued under this chapter, the order must include or have attached to it a
copy of section 12.1-17-07.
### § 14-07.7-12. Service.

1. When a protection order is issued, extended, modified, or terminated under this
chapter, the court shall transmit a copy of the order to the sheriff of the county in which
the respondent resides for service on the respondent.
2. If the respondent cannot be served, the order may be served on the respondent by
publication under rule 4 of the North Dakota Rules of Civil Procedure.
3. Service must be made on the respondent at least five days before the hearing. If
service cannot be made or if additional time is required to complete service by
publication, the court may set a new date for the hearing.
4. No service fee may be charged to the petitioner.
### § 14-07.7-13. Right to apply for relief.

An individual's right to apply for relief under this chapter is not affected if the individual
leaves the residence or dwelling to avoid domestic violence. The court may not require security
or bond from any party unless the court deems it necessary in exceptional cases.
### § 14-07.7-14. Appointment of guardian ad litem of minor.

1. The court, upon the request of either party or upon its own motion, may appoint an
attorney guardian ad litem in an action for a civil protection order to represent a minor
if either party or the court has reason for special concern for the immediate future of
the minor.
2. A guardian ad litem may be appointed at the time of a temporary civil protection order
or any time before the full hearing.
3. The role of the guardian ad litem consists of investigation and making a
recommendation and report to the court. At no time may the involvement of the
guardian ad litem alter the requirements set forth in section 14-07.7-02.

4. Appointment of the guardian ad litem expires immediately after the full hearing unless
the court retains the right, upon specific finding of need, to continue the appointment of
a guardian ad litem to represent a minor in matters concerning parenting time.
5. The guardian ad litem shall have access to records before the court, except as
otherwise provided by law.
6. The court may direct either or both parties to pay the guardian ad litem fees
established by the court. If neither party is able to pay the fees, the court, after notice
to the state's attorney of the county of venue, may direct the fees to be paid, in whole
or in part, by the county of venue. The court may direct either or both parties to
reimburse the county, in whole or in part, for the payment.
### § 14-07.7-15. Nonexclusive remedy.

Any proceeding under this chapter may be in addition to other civil or criminal remedies.
### § 14-07.7-16. Transmittal to bureau of criminal investigation.

1. When a protection order is issued, extended, modified, or terminated under this
chapter, the court shall transmit the order electronically to the bureau of criminal
investigation.
2. The bureau of criminal investigation shall enter the order electronically in the national
crime information center database provided by the federal bureau of investigation, or
its successor agency.
3. The sheriff of the county in which the order was issued shall maintain and respond to
inquiries regarding a record in the national crime information center database provided
by the federal bureau of investigation in accordance with the bureau of criminal
investigation and federal requirements.
4. When a protection order is issued, the clerk of court shall forward a copy of the order
to the local law enforcement agency with jurisdiction over the residence of the
protected party by the close of business on the day the protection order is issued.
5. If the bureau of criminal investigation, after consultation with the state court
administrator, determines and implements an electronic method to notify the sheriff of
the county that issued the order, the clerk of court's requirement to forward the order to
a law enforcement agency will be satisfied.
### § 14-07.7-17. Penalty for violation of a civil protection order.

When a civil protection order is granted under this chapter and the respondent or individual
to be restrained is served a copy of the order, the first violation of an order is a class A
misdemeanor. A violation of a civil protection order also constitutes contempt of court. Following
a conviction, a second or subsequent violation under this chapter is a class C felony.
### § 14-07.7-18. Arrest without warrant.

1. A law enforcement officer shall arrest an individual without a warrant if the individual
has committed the offense of violating a protection order under subsection 1 of section
14-07.7-03, regardless of whether the violation was committed in the presence of the
officer.
2. A law enforcement officer may not be held criminally or civilly liable for making an
arrest under this section if the officer acts in good faith on probable cause without
malice.
### § 14-07.7-19. Assistance of law enforcement.

When an order is issued upon request of the petitioner, the court shall order the sheriff or
other appropriate law enforcement officer to accompany the petitioner and assist in placing the
petitioner in possession of the dwelling or residence, or otherwise assist in execution of the
protection order, which may include referral to a domestic violence shelter care facility.

### § 14-07.7-20. Orders issued before January 1, 2026.

An order issued under sections 12.1-31-01.2, 12.1-31.2-01, 14-07.1-02, 14-07.1-03, or
