How to Get a Restraining Order in North Dakota
In North Dakota these are called Civil protection orders: Domestic Violence Protection Order, Sexual Assault Restraining Order, Disorderly Conduct Restraining Order. A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for North Dakota
- Cost
- There is no filing fee for a civil protection order petition, and the petitioner is not charged a fee for the sheriff to serve the order. The court generally may not require a bond. N.D.C.C. §§ 14-07.7-02(9), 14-07.7-12(4), 14-07.7-13
- Emergency / temporary orders
- When the petition shows reasonable grounds, the court can issue a temporary order right away, without notice to the respondent. N.D.C.C. §§ 14-07.7-04, 14-07.7-06, 14-07.7-08
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Since January 1, 2026, North Dakota has one 'civil protection order' law with three types: a Domestic Violence Protection Order (against a family or household member), a Sexual Assault Restraining Order, and a Disorderly Conduct Restraining Order (intrusive or unwanted acts, words or gestures, which includes stalking and human trafficking). One petition form covers all three; you mark which type you want. Orders issued under the old laws (ch. 14-07.1, §§ 12.1-31.2-01, 12.1-31-01.2) before Jan. 1, 2026 stay in effect for the period stated in the order (§ 14-07.7-20). |
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| Who can ask for an order | For a domestic violence order, the person must be a 'family or household member': a spouse or former spouse, parent, child, other relative by blood or marriage, someone you are dating or used to date, someone you live or lived with, someone you have a child with, or anyone else the court finds has a close enough relationship. Anyone who is or has been a victim of sexual assault or disorderly conduct can ask for those orders against any person, with no relationship needed. Each adult files their own petition, and a petition can name only one respondent. |
| Cost | There is no filing fee for a civil protection order petition, and the petitioner is not charged a fee for the sheriff to serve the order. The court generally may not require a bond. |
Emergency orders and the hearing
| Emergency / temporary orders | When the petition shows reasonable grounds, the court can issue a temporary order right away, without notice to the respondent. A temporary domestic violence order can order no contact, keep the respondent out of a home or other place, set temporary parenting time, and in some cases require the respondent to turn in firearms. The temporary order lasts until the full order after the hearing is served, unless the court ends it earlier. |
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| Serving the order | The court sends the order to the sheriff of the county where the respondent lives to serve it. If the respondent cannot be found, the court can allow service by publication. The petitioner is not charged a service fee. Source: N.D.C.C. § 14-07.7-12 |
| The court hearing | The court sets the full hearing no later than 14 days after the temporary order is issued (later if there is good cause). The respondent must be served at least 5 days before the hearing. Hearings on domestic violence and sexual assault petitions are closed to the public; a certified advocate may sit with the petitioner. |
What the order does
| What an order can require | A domestic violence protection order can order the respondent not to threaten, harass, injure or contact you; keep the respondent out of your home or another place needed for your safety; set temporary primary residential responsibility (custody) and parenting time; order support and attorney fees; give either party temporary use of property such as a car; require a domestic violence assessment and program; and require firearms to be turned in. The court can order the sheriff to help you get back into your home. Sexual assault orders must bar harassment, contact, and coming to your home, school and job. |
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| Firearms | If the court has probable cause to believe the respondent is likely to use or threaten to use a firearm or other dangerous weapon in further violence, it can order the respondent to turn it in for safekeeping within 24 hours of being served (or sooner if an officer asks) to the sheriff or police chief where the respondent lives. If the respondent does not, an officer may arrest the respondent and take the weapon. Federal law may also restrict firearm possession by people under certain protection orders. |
| If the order is violated | Once the respondent has been served, a first violation is a class A misdemeanor and is also contempt of court. A second or later violation after a conviction is a class C felony. Police must arrest without a warrant when they have probable cause that the order was violated, even if they did not see it. |
Children and privacy
| Minors and children | A parent, guardian, or attorney guardian ad litem files for a child (the child is the protected person). A minor of sufficient and competent age may file on their own behalf. If the respondent is a minor, the respondent's parent or guardian must be notified. Source: N.D.C.C. § 14-07.7-02(3)-(4) |
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Forms and help in North Dakota
- North Dakota courts: protective order help
- Official North Dakota protective order forms
- North Dakota Domestic & Sexual Violence Coalition (statewide coalition; directory of local advocacy centers)
- Free legal aid in North Dakota
North Dakota protective order FAQ
What kinds of protective orders are available in North Dakota?
Since January 1, 2026, North Dakota has one 'civil protection order' law with three types: a Domestic Violence Protection Order (against a family or household member), a Sexual Assault Restraining Order, and a Disorderly Conduct Restraining Order (intrusive or unwanted acts, words or gestures, which includes stalking and human trafficking). One petition form covers all three; you mark which type you want.
Who can get a restraining order in North Dakota?
For a domestic violence order, the person must be a 'family or household member': a spouse or former spouse, parent, child, other relative by blood or marriage, someone you are dating or used to date, someone you live or lived with, someone you have a child with, or anyone else the court finds has a close enough relationship. Anyone who is or has been a victim of sexual assault or disorderly conduct can ask for those orders against any person, with no relationship needed. Each adult files their own petition, and a petition can name only one respondent.
Does it cost money to get a restraining order in North Dakota?
There is no filing fee for a civil protection order petition, and the petitioner is not charged a fee for the sheriff to serve the order. The court generally may not require a bond.
How fast can I get an emergency protective order in North Dakota?
When the petition shows reasonable grounds, the court can issue a temporary order right away, without notice to the respondent. A temporary domestic violence order can order no contact, keep the respondent out of a home or other place, set temporary parenting time, and in some cases require the respondent to turn in firearms. The temporary order lasts until the full order after the hearing is served, unless the court ends it earlier.
What happens at the restraining order hearing in North Dakota?
The court sets the full hearing no later than 14 days after the temporary order is issued (later if there is good cause). The respondent must be served at least 5 days before the hearing. Hearings on domestic violence and sexual assault petitions are closed to the public; a certified advocate may sit with the petitioner.
What can a protective order do in North Dakota?
A domestic violence protection order can order the respondent not to threaten, harass, injure or contact you; keep the respondent out of your home or another place needed for your safety; set temporary primary residential responsibility (custody) and parenting time; order support and attorney fees; give either party temporary use of property such as a car; require a domestic violence assessment and program; and require firearms to be turned in. The court can order the sheriff to help you get back into your home. Sexual assault orders must bar harassment, contact, and coming to your home, school and job.
Does a protective order affect firearms in North Dakota?
If the court has probable cause to believe the respondent is likely to use or threaten to use a firearm or other dangerous weapon in further violence, it can order the respondent to turn it in for safekeeping within 24 hours of being served (or sooner if an officer asks) to the sheriff or police chief where the respondent lives. If the respondent does not, an officer may arrest the respondent and take the weapon.
How is a restraining order served in North Dakota?
The court sends the order to the sheriff of the county where the respondent lives to serve it. If the respondent cannot be found, the court can allow service by publication. The petitioner is not charged a service fee.
What happens if someone violates a protective order in North Dakota?
Once the respondent has been served, a first violation is a class A misdemeanor and is also contempt of court. A second or later violation after a conviction is a class C felony. Police must arrest without a warrant when they have probable cause that the order was violated, even if they did not see it.
Can a minor get a restraining order in North Dakota?
A parent, guardian, or attorney guardian ad litem files for a child (the child is the protected person). A minor of sufficient and competent age may file on their own behalf. If the respondent is a minor, the respondent's parent or guardian must be notified.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.