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You do not need a lawyer  or an attorney to file for an Order for Protection. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.

Protection Order- North Dakota

• granted when a victim of violence alleges an immediate and present danger of abuse based on a recent incident or threat.
• may be granted ex parte (without a hearing).
• gives immediate relief until a full hearing is held.

Relief May Include:

• restraining the perpetrator from further abuse of, or contact with, the victim.
• excluding the abuser from another person's residence, a domestic violence shelter, or the dwelling the abuser and victim share.
• awarding temporary custody or temporary visitation rights for minor children.

Court Hearing

• must be held within 14 days.
• Court listens to the accounts of both parties.
• and determines whether or not to continue the Order.

Emergency Protection Order

• is an option when a district judge is not available.
• may be signed by a local magistrate, such as a municipal judge or a small claims court referee.
• can provide the same relief as the Temporary Order, but expires in 72 hours.
• may be extended beyond 72 hours if the victim appears before a Judge.

Domestic Violence Protection Order
ND Century Code 14-07.1-02

If the Court determines at a full hearing that abuse is imminent, it issues a Domestic Violence Protection Order. The Domestic Violence Protection Order:

• provides the same relief and is implemented in the same manner as the Temporary Order.
• may be issued as a Permanent Order in effect for up to one year or longer.
• may recommend or require that either or both parties undergo counseling.
• may require the abuser to pay necessary support costs and attorney's fees.

Probable Cause Arrest
ND Century Code 14-07.1-11
Domestic Assaults

An officer may arrest an abuser without a warrant if there is probable cause, or reasonable belief, that the abuser has assaulted

• his or her partner or spouse.
• family or household member, or
• any person with whom the abuser has or has had a relationship, including same sex partners.

The officer

• need not witness the assault.
• need not find other witnesses.
• has 12 hours from the establishment of probable cause to make an arrest.

Either the victim or the arresting officer may file a complaint against the abuser.

Before arresting both parties in a domestic violence incident, the officer must consider

• "the comparative severity of injuries," and
• whether injuries were inflicted in self-defense.

Violation of a Protection Order
ND Century Code 14.07.1-06

The officer must arrest an abuser if there is probable cause that the abuser has violated a Protection Order.

Officers may arrest even if they did not witness the incident.

Violation of a protection order by stalking a victim is a Class C Felony.

Custody & Visitation
North Dakota Century Code 14-05-22

In general, the state presumes that it is not in a child’s best interest

• to place him or her with a parent who has a history of violence.
• to allow unsupervised visitation with that parent. If the Court decides otherwise, it must document why.
• changes in the 1997 legislature created a more narrow definition of domestic violence as it applies to custody and visitation.

Family Violence Option

The Family Violence Option in ND mandates screening for domestic violence. It provides referral for specialized services, and provides temporary exemptions from program requirements to enable battered women to have the time, services, and support they need to address domestic violence as a barrier to self -sufficiency.

North Dakota Century Code 50-09-31

The state agency shall:

• Inform all TANF applicants and recipients of the options available under the domestic violence option.
• Screen all applicants to determine who are past or present victims of domestic violence or at risk of further domestic violence.
• Refer these individuals to a local domestic violence sexual assault organization for safety planning and supportive services; and
• Determine if good cause exists to waive work requirements or time limits on receipt of benefits of domestic violence.

January – December 2006

• 4,319 new victims (new = unduplicated for calendar year) received services from crisis intervention centers in North Dakota.  This number reflects a 1% decrease from 2005.
• 4,734 incidents of domestic violence were reported to crisis intervention centers in North Dakota.  This reflects a 6% decrease from 2005.
• At least 4,300 children were directly impacted by these incidents.
• 144 women (3% of total new victims) were pregnant at the time they were assaulted.  This reflects a 20% decrease over 2005.
• 95% of the victims were women.
• At least 41% of the victims were under the age of 30. At least 2% were under the age of 18.
• 12 percent of the new victims were disabled. Of those disabled, 16% were developmentally delayed and 32% were physically disabled.
• 30% of victims were self-referred to domestic violence programs. 23% were referred by law enforcement.
• Weapons were used in at least 13% of the cases identified. Guns were used in 22% of the cases involving weapons and knives were used in 24% of the cases involving weapons.
• Law enforcement officers were called to respond in 47% of the incidents. In at least 43% of these incidents, an arrest was made.
• At least 74% of victims served were physically abused.
• 1,311(30%) victims served were abused by a former spouse or former partner.
• Alcohol use by abuser only was indicated in 33% of the new cases. Alcohol use by both victim and offender was indicated in 8% of the cases.
• The abuser had a history of abusive behavior with other adults, including prior partners in at least 46% of the cases.
• Domestic violence programs provided victim assistance with 754 emergency protection orders.

Abused Adult Resource Center
Crisis Line: 1-800-341-7009
(701) 222-8370
[Email] [Website]

BOTTINEAU

Family Crisis Center
(701) 228-2028
Crisis Line: 1-800-398-1098

[Email]]

DEVILS LAKE

SAFE Alternatives for Abused Families
(701) 662-7378
Crisis Line: (701) 622-7378
Toll-Free 1-888-662-7378
[Email]

DICKINSON

Domestic Violence & Rape Crisis Center
(701) 225-4506
Crisis Line: (701) 225-4506
Toll Free 1-888-225-4506
[Email] [Website]

ELLENDALE

Kedish House
(701) 349-4729
Crisis Line: 349-5118
Toll Free 1-877-349-4729
[Email]

FARGO

Rape & Abuse Crisis Center
(701) 293-7273
Crisis Line: (701) 293-7273
[Email] [Rape & Abuse Crisis Center Website]
[Website 2]

FORT BERTHOLD

Coalition Against Domestic Violence
(701) 627-4171
Crisis Line: (701) 627-3617
[Email]

GRAFTON

Tri-County Crisis Intervention Inc.
(701) 352-4242
Crisis Line: (701) 352-3059
[Email] [Tri-County Crisis Intervention Website]

GRAND FORKS

Community Violence Intervention Ctr.
(701) 746-0405
Crisis Line: (701) 746-8900
Toll Free: 1-866-746-8900
[Email] [Grand Forks Website]

JAMESTOWN

S.A.F.E. Shelter
(701) 251-2300
Crisis Line (701) 251-2300
Toll Free: 888-353-7233
[Email]

MCLEAN CO.

McLean Family Resource Center
(701) 462-8643
Crisis Line: 462-8643
Toll Free: 800-651-8643
[Email]

MERCER CO.

Women's Action & Resource Center
(701) 873-2274
Crisis Line: (701) 873-2274
[Email]

MINOT

Domestic Violence Crisis Center
(701) 852-2258
Crisis Line: (701) 857-2200
Toll Free: 1-800-398-1098
[Email] [Domestic Violence Crisis Center Website]

RANSOM CO.

Abuse Resource Network
(701) 683-50651
Crisis Line: (701) 683-5061
Toll Free: 1-877-683-5061
[Email] 

SPIRIT LAKE

Spirit Lake Victim Assistance
(701) 766-1816
Crisis Line: 766-1816
Toll Free: 1-866-723-3032
[Email]

STANLEY

Domestic Violence Program NW ND
(701) 628-3233
Crisis Line: 628-3233 office
Toll free 1-800-273-8232
[Email]

TURTLE MT.

Hearts of Hope
(701) 477-0002
Crisis Line:477-0002
[Email]

TRENTON

Circle of Hope
(701) 774-8824
Crisis Line: 774-8824
[Email]

VALLEY CITY

Abused Persons Outreach Center
(701) 845-0078
Crisis Line: 845-0072
Toll Free: 1-866-845-0072

[Email]

WAHPETON

Three Rivers Crisis Center
(701) 642-2115
Crisis Line: 642-2115
Toll-Free 1-800-627-3659

[Email]

WILLISTON

Family Crisis Shelter
(701) 572-0757
Crisis Line: 572-9111
[Email] 

The information on this website is for informational purposes only and does not constitute legal advice.  

For more information about protection orders for the state of North Dakota, check out  http://www.womenslaw.org/ND/ND_how_to.htm  for more information.   The information above was gathered from http://www.ndcaws.org/violence/laws.asp