Protection Orders

The Police Department is not involved in the issuance of orders of any kind.

A restraining order or protective "no contact" order is an order used by a court to protect a person or entity, and the general public, in a situation involving alleged domestic violence, harassment, stalking or sexual assault.

"No Contact" Order

A "no contact" order can only be issued by a judge against someone who has been arrested for a domestic violence offense. This order is placed on the arrested person at his or her very first court appearance, prior to being released from custody.

Domestic violence is 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 psychical force, or assault, not committed in self-defense, on the complaining family or household members.

Any spouse or former spouse, a family member, a parent, a child, a person related by blood or marriage, a person presently residing with the abusing person or who has resided with that person in the past, a person who has a child in common with the abusing person, persons who are in a dating relationship or any other person with sufficient relationship to the abusing person as determined by the Court.

According to the North Dakota Century Code 12.1-31.2-02, an individual who violates a court order issued under this section is guilty of a class A misdemeanor. 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.

Disorderly Conduct Restraining Order

Any adult person who is a victim of disorderly conduct or the parent or guardian of a minor who is a victim of disorderly conduct can consult with a private attorney who can help the person get a restraining order for a small fee.

Disorderly conduct is any intrusive or unwanted acts, words or gestures that are intended to adversely affect the safety, security or privacy of another person. Disorderly conduct includes human trafficking or attempted human trafficking as defined in Title 12.1 of the North Dakota Century Code. Disorderly conduct does not include constitutionally protected activity.

Disorderly Conduct Restraining Order Instructions

Domestic Violence Protection Order

Any spouse or former spouse, a family member, a parent, a child, a person related by blood or marriage, a person presently residing with the abusing person or who has resided with that person in the past, a person who has a child in common with the abusing person, persons who are in a dating
relationship, or any other person with sufficient relationship to the abusing person as determined by the Court should file for a domestic violence protection order.

Sexual Assault Restraining Order

Any adult person who is a victim of sexual assault; or the parent, step-parent, or guardian of a minor child (under 18 years of age) who the parent, step-parent, or guardian reasonably believes is a victim of sexual assault should apply for the sexual assault restraining order.