Protection Orders

Temporary Protection Orders

Temporary Protection Orders are granted when a victim of violence alleges an immediate and present danger of abuse based on a recent incident or threat. Temporary orders may be granted without a hearing (ex parte) and gives immediate relief until a full hearing is held. The immediate relief may include: restraining the perpetrator from further abuse of, or contact with, the victim; Excluding the abuser from another person’s residence, such as a domestic violence shelter or the dwelling that the abuser and victim share; awarding temporary custody or temporary visitation rights for minor children.

With a temporary order, a court hearing must be held within 14 days of issuance, where the court will listen to the accounts of both parties to determine whether or not to continue the Order.

Domestic Violence Protection Order

Victims can file for a protection order and if the court determines at a full hearing that abuse is imminent within an established relationship, a domestic violence protection order is issued.

A Domestic Violence Protection Order: provides the same relief and is implemented in the same manner as a temporary order; may be issued as a permanent order in effect for up to one year or longer; may recommend or require that either or both parties undergo counseling; may require the abuser to pay necessary support costs and attorney’s fees.

Violation of a Protection Order

An officer must arrest an abuser if there is probable cause (reasonable belief) that the abuser has violated a Protection Order. Officers may arrest even if they did not witness the incident. Violation of a protection order by stalking a victim is a Class C Felony.

For the full Protection Order law, click here.

Family Violence Option

The Family Violence Option in North Dakota mandates screening for domestic violence. It provides referral for specialized services, and provides temporary exemptions from program requirements to enable victims to have the time, services and supported they need to address domestic violence as a barrier to self-sufficiency.

The state agency shall: Inform all TANF applicants and recipients of the options available under the domestic violence option; Screen all applicants to determine who are past and present victims of domestic violence or at further risk of domestic violence; Refer these individuals to a local domestic violence/sexual assault organization for safety planning and supportive services; Determine if good cause exists to waive work requirements of time limits on receipt of benefits of domestic violence.

For the full law, click here.

Custody and Visitation

In general, the state presumes that it is not in a child’s best interest to place them with a parent who has a history of violence or to allow unsupervised visitation with that parent. In 1997, the legislature created a more narrow definition of domestic violence as it applies to custody and visitation. This definition can be found in the North Dakota Century Code 14-09-06.2 J.

For the full Custody and Visitation laws, click here

Probable Cause Arrest

Domestic Assaults

An officer may arrest an abuser without a warrant if there is probable cause, or reasonable belief, that the abuser has assaulted: their partner or spouse, family or household member, or any person with whom the abuser has or had a relationship, including same-sex partners.

The officer does not need to witness the assault, need to find other witnesses to make the arrest and has 12 hours from the establishment of probable cause to make an arrest. Either the victim or the arresting officer may file a complaint against the abuser.

Before arresting both parties in a domestic violence incident, the officer must consider if either party acted in self-defense (as defined in North Dakota Century Code 12.1-05-03). If self-defense is not a factor, the officer must determine which party was the predominant aggressor by considering certain factors, including the comparative severity of injuries involved, any history of domestic violence, or any other violent acts that the officer can reasonably ascertain and the likelihood of future harm.

The full law for probable cause arrest in domestic assaults, click here.

For more information about domestic violence, click here.

If you are a victim of domestic violence, please contact your local crisis intervention center. Visit the program list to find one near you.