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Legal Information: North Dakota

Restraining Orders

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Updated: 
December 28, 2023

How do I get a disorderly conduct restraining order?

The steps for obtaining a disorderly conduct order are similar to those for getting a domestic violence protection order. You would file for a disorderly conduct order in district court, which are listed on our ND Courthouse Locations page. If you are in immediate danger, a judge can issue you a temporary disorderly conduct restraining order on the date you file your petition that will last until you have a full court hearing.  For more information about the kinds of disorderly conduct restraining orders, please see What kinds of disorderly conduct restraining orders are there and how long do they last?

Contact the clerk of the court in your area or a lawyer for more information.  A state’s attorney may also advise and assist a person in preparing the documents necessary to get a disorderly conduct restraining order.1

1 N.D. Cent. Code § 12.1-31.2-01(10)

Do I need an attorney to file for a disorderly conduct restraining order?

You do not need an attorney to file for a disorderly conduct restraining order. However, it may be in your interest to hire an attorney, especially if the abuser is represented by one. Go to our ND Finding a Lawyer page to find help in your area. If you cannot find a lawyer through one of the organizations listed, a domestic violence organization in your area may be able to refer you to an attorney or legal aid service that will take your case for free or at a reduced rate if your case involves a spouse or intimate partner.

How much does it cost to get a disorderly conduct restraining order?

There is an $80 fee to file for a disorderly conduct restraining order. However, if you are filing against a family or household member who is committing domestic violence against you, then there is no fee. If you cannot afford the fee, you may be able to request that the fee be waived by filing a form called “Affidavit in Support of Petition for Waiver of Fees.” If you request a fee waiver, the judge will decide if you need to pay the fee or not.1

1 N.D. Cent. Code § 12.1-31.2-01(11); see Instructions for Requesting a Disorderly Conduct Restraining Order

What happens if the abuser violates the disorderly conduct restraining order?

If the abuser violates the disorderly conduct restraining order, you can call the police. The police may arrest the abuser for this violation. Violation of an order can be a class A misdemeanor1 and the abuser can be sentenced to up to one year in jail and/or a fine of up to $3,000.2 The disorderly conduct restraining order should clearly state what acts will violate the order.3

1 N.D. Cent. Code § 12.1-31.2-01(8)
2 N.D. Cent. Code § 12.1-32-01(5)
3 N.D. Cent. Code § 12.1-31.2-01(7)(a),(b)

Is there anything I can do if my abusive partner continually files court proceedings against me?

Abusers often misuse court proceedings in order to continue the abuse. This is called abusive litigation. If you are the victim of abusive litigation by a current or former intimate partner who has committed domestic violence or disorderly conduct against you, you can ask the judge to dismiss the abuser’s case. See our Litigation Abuse section for more information on how to do this.