Domestic Violence Protection Order

Overview

In North Dakota, domestic violence “includes physical harm, bodily injury, 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 members.” (N.D.C.C. § 14-07.1-01(2))

Domestic violence also includes stalking. (N.D.C.C. § 14-07.1-02(11)) “Stalking” has the same meaning as “stalk” in N.D.C.C. § 12.1-17-07.1.

A Domestic Violence Protection Order, or DVPO, is a civil order from a North Dakota state district court. A DVPO requires the person committing domestic violence to stop and to leave the victim(s) listed on the order alone.  A violation of a DVPO is a criminal matter.  A first violation is a class A misdemeanor, a second or subsequent violation is a class C felony.

A Domestic Violence Protection Order, or DVPO, may include any or all of the following:

• Stop the person committing domestic violence, or the victim(s), from threatening, molesting, injuring, harassing, stalking, or having contact with any other person.
• Exclude the person committing domestic violence from a dwelling, residence, or a domestic violence care facility.
• Award temporary custody or establish temporary visitation rights to minor children.
• Recommend or require the person committing domestic violence and/or the victim(s) go to counseling.
• Require payment of child support or other support, and/or payment of attorney’s fees.
• Award temporary use of personal property to either the victim(s) and/or the person committing domestic violence.
• Require the person committing domestic violence to surrender firearms or other dangerous weapons.

Domestic Violence Protection Order Forms

Forms aren't available for every legal issue, procedure, 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 Domestic Violence Protection Order

You may get help filling out the forms from a Certified Domestic Violence Sexual Assault Advocate.  CAWS North Dakota has a statewide online directory of advocacy crisis intervention centers.

• Instructions
• Petition for Protective Relief
• Domestic Violence Protection Order Cover Sheet

No Forms for Responding to a Request for a Domestic Violence Protection Order

No forms are available for responding to a petition for a Domestic Violence Protection Order, or DVPO.  The court process required by N.D.C.C. Chapter 14-07.1 doesn’t include a written response by the person who is accused of domestic violence in the petition for a DVPO.

If you’re served a Temporary Domestic Violence Protection 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 domestic violence accusations and to present your evidence.

Selected Statutes (Laws) & Rules

Following are legal research starting points related to Domestic Violence Protection 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 14-07.1
• North Dakota Century Code Chapter 14-07.6
• 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.
• Abusive Litigation
• Disorderly Conduct Restraining 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.

The information provided on and obtained from this site doesn't constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court is not liable for errors or omissions of any of the information provided. 

If you have a question relating to a case that is already filed please contact the clerk of court for the county.