# Title 12.1 — Criminal Code

## Chapter 12.1-31.2 — Disorderly Conduct Restraining Order

### § 12.1-31.2-01. Disorderly conduct restraining order - Penalty.

Repealed by S.L. 2025, ch. 145, § 17.
### § 12.1-31.2-02. Order prohibiting contact.

1. a. If an individual is charged with, arrested for, or subject to a sentence or order
deferring imposition of sentence for a crime of violence or threat of violence,
stalking, harassment, or a sex offense, the court authorizing the release of the
individual, imposing a sentence, or issuing an order deferring imposition of
sentence, shall consider and may issue an order prohibiting the individual from
having contact with the victim. The order must contain the court's directives and
must inform the individual that any violation of the order constitutes a criminal
offense. The state's attorney shall provide a copy of the order to the victim. The
court shall determine at the time of the individual's arraignment whether an order
issued pursuant to this section will be extended. If the court issues an order
pursuant to this section before the time the individual is charged, the order
expires at the individual's arraignment or within seventy-two hours of issuance if
charges against the individual are not filed.
b. A party or victim may file a written request with the court to modify or terminate an
order issued under this section. If requested, the court may hold a hearing to
determine whether to grant or deny the request to modify or terminate an order.
c. If an order prohibiting contact is issued upon a charge or arrest, the order
terminates upon dismissal, acquittal, sentence, or order deferring imposition of
sentence. Upon sentence or order deferring imposition of sentence, the court
may issue a new order under this subsection.
2. If the court has probable cause to believe the individual subject to an order under
subsection 1 is likely to use, display, or threaten to use a firearm or dangerous weapon
as defined in section 12.1-01-04 in any further act of violence, the court shall require
the individual surrender for safekeeping any firearm or specified dangerous weapon in
or subject to the individual's immediate possession or control, to the sheriff of the
county or chief of police of the city in which the individual resides.
3. If an order prohibiting contact is issued, modified, or terminated under this section, the
clerk of court shall forward a copy of the order within one business day to the
appropriate law enforcement agency specified in the order. Upon receipt of the copy of
the order, the law enforcement agency shall enter the order in the central warrant
information system and the national crime information center database provided by the
federal bureau of investigation, or its successor agency.
a. Once the bureau, after consultation with the state court administrator, determines
and implements a method to transmit electronically to the bureau an order
prohibiting contact, the court electronically shall send the full text of the order as
issued, modified, or terminated in accordance with this section and any data
fields identified by the bureau. This electronic submission will fulfill the law
enforcement agency's requirement to enter the order in the central warrant
information system, but will not fulfill its requirement to enter, maintain, and
respond to inquiries regarding the order in the national crime information center
database provided by the federal bureau of investigation, or its successor agency.
b. Once the bureau, after consultation with the state court administrator, determines
and implements an electronic method to notify law enforcement about the order,
the clerk of court's requirement to forward the order to the law enforcement
agency will be satisfied.
c. Once the bureau, after consultation with the director of the state emergency
communications center, determines and implements a method to enter the order
into the national crime information center database provided by the federal
bureau of investigation, or its successor agency, the bureau shall enter the order

electronically in the national crime information center database provided by the
federal bureau of investigation, or its successor agency. This electronic entry will
fulfill the law enforcement agency's requirement to enter the order in the national
crime information center database provided by the federal bureau of
investigation, or its successor agency, but will not fulfill its requirement to maintain
and respond to inquiries regarding the order in the national crime information
center database provided by the federal bureau of investigation, or its successor
agency.
4. An individual who violates a court order issued under this section is guilty of a class A
misdemeanor.
5. A law enforcement officer shall arrest an individual without a warrant if the officer
determines there is probable cause that the individual has committed the offense of
violating an order prohibiting contact under this section, whether or not the violation
was committed in the presence of the officer. A law enforcement officer who acts in
good faith on probable cause and without malice is immune from any civil or criminal
liability for making an arrest under this subsection.
