puts you in fear of immediate physical harm, bodily injury, physically forced sexual activity, or assault.
N.D. Code § 14-07.1-01 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, 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.
Remember: if you are unsure where to start or what to do next, ARN is always available to assist you through this, from the paperwork of a Protection Order, to sitting next to you in court, or just listening.
You will file your Protection Order at the Clerk of Court in the county where you reside. Ransom County: 206 5th Ave W, Lisbon, ND 58054 Sargent County: 355 Main St SW, Forman, ND 58032
You may wish to get help filling out the forms from a Certified Domestic Violence Sexual Assault Advocate. By contacting Abuse Resource Network, we are able to assist you.
Once you file for a Protection Order, it is sent to the Judge. A temporary order can be granted if you can prove to the Judge through your affidavit or evidence that there is an immediate and present danger of domestic violence based upon a recent incident of domestic violence. Generally, a Temporary Protection Order lasts until the hearing for the Permanent Protection Order, which is usually held within 14 days.
Please be aware that there could be several days between when your partner is served with a summons to appear in court and the court hearing date. This can be a particularly dangerous time for victims of abuse.
An advocate from ARN can attend with you if you would like.
Arrive on time and dress appropriately for court (no shorts, hats, etc.)
Bring any supporting information you may use for evidence (i.e. threatening voicemails/texts/emails, pictures of injuries or bruises, etc.)
You may bring witnesses or supportive people with you to court. Keep in mind the courtroom is small and can only accommodate a small number of people.
During the hearing, answer any questions that the judge directs toward you. Do not try to speak while the judge is asking questions of your partner/spouse or others.
If you are granted a Permanent Protection Order, make copies of the Order to keep with you at all times (i.e. in your home, car, purse, etc.). Contact law enforcement if your abusive spouse/partner violates the Order.