Disorderly Conduct Restraining Order
Overview
In North Dakota, disorderly conduct “means intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person. For the purposes of this section, disorderly conduct includes human trafficking or attempted human trafficking as defined in this title. Disorderly conduct does not include constitutionally protected activity.” (N.D.C.C. § 12.1-31.2-01(1))
A Disorderly Conduct Restraining Order, or DCRO, is a civil order from a North Dakota state district court. A DCRO requires the person committing disorderly conduct to stop and to leave the victim(s) listed on the order alone. A violation of a DCRO is a criminal matter. A violation is a class A misdemeanor.
A Disorderly Conduct Restraining Order, or DCRO, may include any or all of the following:
- Stop the person committing disorderly conduct from having contact with the victim(s), including calling, writing, or having messages delivered.
- Require the person committing disorderly conduct to stay a specific distance from the victim(s), the victim’s dwelling, school, work, etc.
- Require the person committing disorderly conduct to surrender firearms or other dangerous weapons.
A Disorderly Conduct Restraining Order, or DCRO, can’t last more than 2 years.
Disorderly Conduct Restraining Order Forms
Forms aren't available for every situation or circumstance. If you don't find a form that suits your circumstances on this website, the form isn't available through the North Dakota Legal Self Help Center.
You may need to create legal documents yourself. The General-Use forms on this website may be used as a starting point for creating your own legal documents.
Forms for Asking for a Disorderly Conduct Restraining Order
North Dakota Century Code § 12.1-31.2-01(10) allows a state’s attorney to advise and assist any person with preparing the documents to petition for a restraining order. You may wish to contact a state’s attorney for assistance.
- Instructions
- Petition for Disorderly Conduct Restraining Order
- Disorderly Conduct Restraining Order Cover Sheet
No Forms for Responding to a Request for a Disorderly Conduct Restraining Order
No forms are available for responding to a petition for a Disorderly Conduct Restraining Order, or DCRO. The court process required by N.D.C.C. Chapter 12.1-31.2 doesn’t include a written response by the person who is accused of disorderly conduct in the petition for a DCRO.
If you’re served a Temporary Disorderly Conduct Restraining Order, the order will include a date, time, and location of the hearing to decide whether the order becomes permanent. Attend the hearing to respond to the disorderly conduct accusations and to present your evidence.
Selected Statutes (Laws) & Rules
Following are legal research starting points related to Disorderly Conduct Restraining Orders. You may need to conduct additional legal research into your legal issue. See the Legal Research Section of this website.
- North Dakota Century Code Chapter 12.1-31.2
- Rule 34 of the North Dakota Court Administrative Rules and Orders
Other Resources
Following are other resources related to protection order and restraining order proceedings that may be of interest.
- Gathering and Presenting Evidence - Resources designed specifically for people representing themselves in protection or restraining order proceedings. Created by the RCDV:CPC and the NCJFCJ.
- Domestic Violence Protection Orders
- Sexual Assault Restraining Orders
- Register Out-of-State or Tribal Protection Orders
If you don’t understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help
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If you have a question relating to a case that is already filed please contact the clerk of court for the county.