Domestic Abuse Laws
North Dakota
2001
Note: This page features auto-scrolling links by statute.
North Dakota
Century Code
TITLE 14 DOMESTIC RELATIONS AND PERSONS
CHAPTER 14-07.1 DOMESTIC VIOLENCE
14-07.1-03. Temporary protection order - Copy to law enforcement agency.
14-07.1-04. Assistance of law enforcement officer in service or execution.
14-07.1-09. Immunity from liability - Penalty for false reports.
14-07.1-15. Domestic violence and sexual assault prevention fund established.
14-07.1-01. Definitions.
1. "Department" means the
state department of health.
2. "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.
3. "Domestic violence sexual
assault organization" means a private, nonprofit organization whose primary
purpose is to provide emergency housing, twenty-four hour crisis lines, advocacy,
supportive peer counseling, community education, and referral services for
victims of domestic violence and sexual assault.
4. "Family or household member"
means a spouse, family member, former spouse, parent, child, persons related
by blood or marriage, persons who are in a dating relationship, persons who
are presently residing together or who have resided together in the past,
persons who have a child in common regardless of whether they are or have
been married or have lived together at any time, and, for the purpose of
the issuance of a domestic violence protection order, any other person with
a sufficient relationship to the abusing person as determined by the court
under section 14-07.1-02.
5. "Health officer" means
the state health officer of the department.
6. "Law enforcement officer"
means a public servant authorized by law or by a government agency to enforce
the law and to conduct or engage in investigations of violations of law.
7. "Willfully" means willfully as defined in section 12.1-02-02.
14-07.1-02. Domestic violence protection order.
1. An action for a protection
order commenced by a verified application alleging the existence of domestic
violence may be brought in district court by any family or household member
or by any other person if the court determines that the relationship between
that person and the alleged abusing person is sufficient to warrant the issuance
of a domestic violence protection order. An action may be brought under this
section, regardless of whether a petition for legal separation, annulment,
or divorce has been filed.
2. Upon receipt of the
application, the court shall order a hearing to be held not later than fourteen
days from the date of the hearing order.
3. Service must be made upon
the respondent at least five days prior to the hearing. If service cannot
be made, the court may set a new date.
4. Upon a showing of actual
or imminent domestic violence, the court may enter a protection order after
due notice and full hearing. The relief provided by the court may include
any or all of the following:
a. Restraining any party from threatening, molesting, injuring, harassing, or having contact with any other person.
b. Excluding either the respondent or any person with whom the respondent lives from the dwelling they share, from the residence of another person against whom the domestic violence is occurring, or from a domestic violence care facility, if this exclusion is necessary to the physical or mental well-being of the applicant or others.
c. Awarding temporary custody or establishing temporary visitation rights with regard to minor children.
d. Recommending or requiring that either or both parties undergo counseling with a domestic violence program or other agency that provides professional services that the court deems appropriate. The court may request a report from the designated agency within a time period established by the court. The costs of the court-ordered initial counseling assessment and subsequent reports must be borne by the parties or, if indigent, by the respondent's county of residence.
e. Requiring a party to pay such support as may be necessary for the support of a party and any minor children of the parties and reasonable attorneys' fees and costs.
f. Awarding temporary use of personal property, including motor vehicles, to either party.
g. Requiring the respondent to surrender for safekeeping any firearm or other specified dangerous weapon, as defined in section 12.1-01-04, in the respondent's immediate possession or control or subject to the respondent's immediate control, if the court has probable cause to believe that the respondent is likely to use, display, or threaten to use the firearm or other dangerous weapon in any further acts of violence. If so ordered, the respondent shall surrender the firearm or other dangerous weapon to the sheriff, or the sheriff's designee, of the county in which the respondent resides or to the chief of police, or the chief's designee, of the city in which the respondent resides.
5. A court of competent
jurisdiction may issue a dual protection order restricting both parties involved
in a domestic violence dispute if each party has commenced an action pursuant
to subsection 1 and the court, after a hearing, has made specific written
findings of fact that both parties committed acts of domestic violence and
that neither party acted in self-defense. The order must clearly define the
responsibilities and restrictions placed upon each party so that a law
enforcement officer may readily determine which party has violated the order
if a violation is alleged to have occurred.
6. The court may amend its
order or agreement at any time upon subsequent petition filed by either party.
7. No order or agreement
under this section affects title to any real property in any matter.
8. The petition for an order for protection must contain a statement listing each civil or criminal action involving both parties.
14-07.1-02.1. Allegation of domestic violence - Effect.
If the court finds that a party's allegation of domestic violence in a domestic violence protection order proceeding, divorce proceeding, child custody proceeding, child visitation proceeding, separation proceeding, or termination of parental rights proceeding is false and not made in good faith, the court shall order the party making the false allegation to pay court costs and reasonable attorney's fees incurred by the other party in responding to the allegation.
14-07.1-02.2. Foreign domestic violence protection orders - Full faith and credit recognition and enforcement.
Subject to subsection 1,
a domestic violence protection order issued by a court of competent jurisdiction
of another state, Indian tribe, the District of Columbia, or a commonwealth,
territory, or possession of the United States must be accorded full faith
and credit by the courts of this state and enforced as if the order was issued
by a court in this state.
1. A foreign domestic violence
protection order is enforceable in this state if all of the following are
satisfied:
a. The respondent received notice of the order in compliance with requirements of the issuing jurisdiction;
b. The order is in effect in the issuing jurisdiction;
c. The issuing court had jurisdiction over the parties and the subject matter;
d. The respondent was afforded reasonable notice and opportunity to be heard sufficient to protect that person's right to due process. In the case of ex parte orders, notice and opportunity to be heard must have been provided within the time required by the law of the issuing jurisdiction, and in any event within a reasonable time after the order was issued, sufficient to protect the respondent's due process rights. Failure to provide reasonable notice and opportunity to be heard is an affirmative defense to any prosecution for violation of the foreign protection order or any process filed seeking enforcement of the order; and
e. If the order also provides protection for the respondent, a petition, application, or other written pleading was filed with the issuing court seeking such an order and the issuing court made specific findings that the respondent was entitled to the order.
2. A person entitled to
protection under a foreign domestic violence protection order may file the
foreign order in the office of any clerk of district court in this state.
The person filing the order shall also file with the clerk of district court
an affidavit certifying the validity and status of the foreign order and
attesting to the person's belief that the order has not been amended, rescinded,
or superseded by any orders from a court of competent jurisdiction. If a
foreign order is filed under this subsection, the clerk of district court
shall transmit a copy of the order to the appropriate local law enforcement
agency as provided under section 14-07.1-03. Filing of a foreign order under
this subsection is not a prerequisite to the order's enforcement in this
state. A fee for filing the foreign order may not be assessed.
3. A law enforcement officer
may rely upon any foreign domestic violence protection order that has been
provided to the officer by any source. The officer may make arrests for violation
of the order in the same manner as for violation of a protection order issued
in this state. A law enforcement officer may rely on the statement of the
person protected by the order that the order is in effect and that the respondent
was personally served with a copy of the order. A law enforcement officer
acting in good faith and without malice in enforcing a foreign protection
order under this section is immune from civil or criminal liability for any
action arising in connection with the enforcement of the protection order.
4. Any person who intentionally provides a law enforcement officer with a copy of a foreign domestic violence protection order known by that person to be false or invalid, or who denies having been served with a protection order when that person has been served with such an order, is guilty of a class A misdemeanor.
14-07.1-03. Temporary protection order - Copy to law enforcement agency.
1. If an application under
section 14-07.1-02 alleges an immediate and present danger of domestic violence
to the applicant, based upon an allegation of a recent incident of actual
domestic violence, the court may grant an ex parte temporary protection order,
pending a full hearing, granting such relief as the court deems proper.
2. An ex parte temporary
protection order may include:
a. Restraining any party from having contact with or committing acts of domestic violence on another person.
b. Excluding the respondent or any person with whom the respondent lives from the dwelling they share, from the residence of another person, or from a domestic violence shelter care facility.
c. Awarding temporary custody or establishing temporary visitation rights with regard to minor children.
d. Requiring the respondent to surrender for safekeeping any firearm or other specified dangerous weapon, as defined in section 12.1-01-04, in the respondent's immediate possession or control or subject to the respondent's immediate control, if the court has probable cause to believe that the respondent is likely to use, display, or threaten to use the firearm or other dangerous weapon in any further acts of violence. If so ordered, the respondent shall surrender the firearm or other dangerous weapon to the sheriff, or the sheriff's designee, of the county in which the respondent resides or the chief of police, or the chief's designee, of the city in which the respondent resides.
3. An ex parte temporary
protection order remains in effect, in the court's discretion, for not more
than thirty days, unless otherwise terminated by the court.
4. A full hearing as provided
by section 14-07.1-02 must be set for not later than fourteen days from the
issuance of the temporary order. The respondent must be served forthwith
with a copy of the ex parte order along with a copy of the application and
notice of the date set for the hearing.
5. The clerk of court shall
transmit a copy of each temporary protection order, or extension, modification,
or termination thereof, by the close of the business day on which the order
was granted to the local law enforcement agency with jurisdiction over the
residence of the applicant or over the residence at which the actual domestic
violence that is the subject of the temporary protection order has occurred,
or is likely to occur, if requested by the applicant and approved by the
court. Each appropriate law enforcement agency may make available information
as to the existence and current status of any temporary protection order
issued pursuant to this section, through an existing verification system,
to any law enforcement officer responding to the scene of reported domestic
violence.
6. Fees for filing and service of process may not be assessed to the petitioner for any proceeding seeking relief under chapter 14-07.1.
14-07.1-03.1. Notification of stalking law.
When an order is issued under section 14-07.1-02 or 14-07.1-03, the order must include or have attached to it a copy of section 12.1-17-07.1.
14-07.1-04. Assistance of law enforcement officer in service or execution.
When an order is issued upon request of the applicant under section 14-07.1-02 or 14-07.1-03, the court shall order the sheriff or other appropriate law enforcement officer to accompany the applicant and assist in placing the applicant in possession of the dwelling or residence, or otherwise assist in execution or service of the protection order, which may include assistance in referral to a domestic violence shelter care facility.
14-07.1-05. Right to apply for relief.
A person's right to apply for relief under section 14-07.1-02 or 14-07.1-03 is not affected if the person leaves the residence or dwelling to avoid domestic violence. The court may not require security or bond from any party unless the court deems it necessary in exceptional cases.
14-07.1-05.1. Appointment of guardian ad litem for minor.
The court, upon the request of either party or upon its own motion, may appoint a guardian ad litem in an action for a protection order to represent a minor concerning custody, support, or visitation if either party or the court has reason for special concern as to the immediate future of the minor. The guardian ad litem may be appointed at the time of a temporary protection order or at any time before the full hearing. The role of the guardian ad litem consists of investigation and making a recommendation and report to the court. At no time may the involvement of the guardian ad litem alter the requirements set forth in section 14-07.1-03. The appointment of the guardian ad litem expires immediately after the full hearing unless the court retains the right, upon specific finding of need, to continue the appointment of a guardian ad litem to participate in visitation. The guardian ad litem shall have access to records before the court except as otherwise provided by law. The court may direct either or both parties to pay the guardian ad litem fees established by the court. If neither party is able to pay the fees, the court, after notice to the state's attorney of the county of venue, may direct the fees to be paid, in whole or in part, by the county of venue. The court may direct either or both parties to reimburse the county, in whole or in part, for the payment.
14-07.1-06. Penalty for violation of a protection order.
Whenever a protection order is granted under section 14-07.1-02 or 14-07.1-03 and the respondent or person to be restrained has been served a copy of the order, a violation of the order is a class A misdemeanor and also constitutes contempt of court. A second or subsequent violation of a protection order is a class C felony. Violation of a foreign protection order entitled to full faith and credit recognition under section 14-07.1-02.2 is a class A misdemeanor. A second or subsequent violation of such an order is a class C felony.
14-07.1-07. Nonexclusive remedy.
Any proceeding under sections 14-07.1-01 through 14-07.1-08 is in addition to any other civil or criminal remedies.
14-07.1-08. Emergency relief.
When the court is unavailable an application may be filed before a local magistrate, as defined by subsection 3 of section 29-01-14, who may grant relief in accordance with section 14-07.1-03, upon good cause shown in an ex parte proceeding, if it is deemed necessary to protect the applicant or others from domestic violence. Immediate and present danger of domestic violence to the applicant or others constitutes good cause for purposes of this section. Any order issued under this section expires seventy-two hours after its issuance, unless continued by the court, or the local magistrate in the event of continuing unavailability of the court. At that time, the applicant may seek a temporary order from the court. Any order issued under this section and any documentation in support of the order must be immediately certified to the court. The certification to the court has the effect of commencing proceedings under section 14-07.1-02.
14-07.1-09. Immunity from liability - Penalty for false reports.
Repealed by S.L. 1989, ch. 589, § 16.
14-07.1-10. Arrest procedures.
1. If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic violence, whether the offense is a felony or misdemeanor, and whether or not the crime was committed in the presence of the officer, the law enforcement officer shall presume that arresting the person is the appropriate response.
2. A law enforcement officer investigating a crime involving domestic violence may not threaten, suggest, or otherwise indicate, for the purpose of discouraging requests for law enforcement intervention, that family or household members will be arrested. When complaints are received from two or more family or household members, the officer shall evaluate each complaint separately, including the comparative severity of injuries involved, to determine whether to seek an arrest warrant.
3. An individual arrested for a crime involving domestic violence may not be released on bail or on the individual's personal recognizance unless the individual has made a personal appearance before a magistrate pursuant to rule 5 of the North Dakota Rules of Criminal Procedure.
14-07.1-11. Arrest without warrant.
1. A law enforcement officer shall arrest a person without a warrant if the person has committed the offense of violating a protection order under section 14-07.1-06, whether or not the violation was committed in the presence of the officer.
2. A law enforcement officer may arrest a person without a warrant if the arrest is made within twelve hours from the time the officer determines there is probable cause to arrest for an assault of a family or household member as defined in section 14-07.1-01, whether or not the assault took place in the presence of the officer. After twelve hours has elapsed, the officer must secure an arrest warrant before making an arrest. A law enforcement officer may not arrest a person pursuant to this subsection without first observing that there has been recent physical injury to, or impairment of physical condition of, the alleged victim.
3. A law enforcement officer may not be held criminally or civilly liable for making an arrest pursuant to this section if the officer acts in good faith on probable cause and without malice.
14-07.1-12. Reports.
A law enforcement officer shall make a written report of the investigation of any allegation of domestic violence regardless of whether an arrest was made. The officer shall submit the report to the officer's supervisor or to any other person to whom the officer is required to submit similar reports.
14-07.1-13. Order prohibiting contact - Penalty.
1. If a person charged with or arrested for a crime involving domestic violence is released from custody before arraignment or trial, the court authorizing the release of the person shall consider and may issue, if there is no outstanding restraining or protection order prohibiting the person from having contact with the victim, an order prohibiting the person from having contact with the victim. The order must contain the court's directives and must inform the person that any violation of the order constitutes a criminal offense. The court shall provide a copy of the order to the victim. The court shall determine at the time of the person's arraignment whether an order issued pursuant to this section will be extended. If the court issues an order pursuant to this section prior to the time the person is charged, the order expires at the person's arraignment or within seventy-two hours of issuance if charges against the person are not filed.
2. If the court has probable cause to believe that the person charged or arrested is likely to use, display, or threaten to use a firearm or dangerous weapon as defined in section 12.1-01-04 in any further acts of violence, the court shall require that the person surrender for safekeeping any firearm or specified dangerous weapon in the person's immediate possession or control, or subject to the person's immediate possession or control, to the sheriff of the county or chief of police of the city in which the person resides.
3. Whenever an order prohibiting contact is issued, modified, extended, or terminated under this section, the clerk of court shall forward a copy of the order on or before the next business day to the appropriate law enforcement agency specified in the order. Upon receipt of the copy of the order, the law enforcement agency shall enter the order for one year or until the date of expiration specified by the order into any information system available in the state that is used by law enforcement agencies to list outstanding warrants. The order is enforceable in any jurisdiction in this state.
4. A person who willfully violates a court order issued under this section is guilty of a class A misdemeanor.
5. A law enforcement officer shall arrest a person without a warrant if the officer determines there is probable cause that the person 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. A law enforcement officer who acts in good faith on probable cause and without malice is immune from any civil or criminal liability for making an arrest under this subsection.
14-07.1-14. Law enforcement guidelines and training.
1. Every law enforcement agency shall develop and implement, with assistance from the criminal justice training and statistics division, specific operational guidelines for arrest policies and procedures in crimes involving domestic violence. The guidelines must include procedures for the conduct of criminal investigations, procedures for arrests and victim assistance by law enforcement officers, procedures concerning the provision of services to victims, and any additional procedures as may be necessary to carry out sections 14-07.1-02 through 14-07.1-14.
2. The peace officers standards and training board shall establish, in conjunction with the state's attorneys association, an education and training program for law enforcement officers and state's attorneys concerning the handling of crimes involving domestic violence. The training must stress the enforcement of criminal laws in domestic violence cases and the use of community resources.
14-07.1-15. Domestic violence and sexual assault prevention fund established.
The domestic violence and sexual assault prevention fund is a special fund in the state treasury. The moneys accumulated in the fund are allocated to the department for distribution as provided by this chapter and within the limits of legislative appropriation. The fund is not subject to section 54-44.1-11.
14-07.1-16. Grants - Eligibility - Conditions - Limitation.
The department shall administer moneys in the domestic violence and sexual assault prevention fund for grants to domestic violence sexual assault organizations as defined in section 14-07.1-01. Up to ten percent of the fund may be allocated to the state domestic violence sexual assault coalition, as recognized by the state department of health. A direct service provider agency that is an eligible entity must receive at least twenty-five percent of its funding from one or more local, municipal, or county sources, either in cash or in kind. Grants are renewable within the limits of legislative appropriation, if the applicant continues to meet the eligibility criteria established by this section and rules adopted by the department. Grant application deadlines may be included in any rules adopted to implement this section.
14-07.1-17. Duties of health officer.
The health officer shall:
1. Respond to all applicants within sixty days after the deadline for receipt of applications, whether or not the applicant is eligible for funds.
2. Ensure that no more than ten percent of the moneys allocated to the domestic violence prevention fund in any biennium is expended for departmental administration of the grant program.
3. Distribute grants to eligible applicants in accordance with the purposes of sections 14-07.1-15 through 14-07.1-18.
14-07.1-18. Domestic violence or sexual assault program records - Confidentiality -Exceptions - Penalty.
1. All agents, employees, and volunteers participating in a domestic violence or sexual assault program shall maintain the confidentiality of the:
a. Address, telephone number, and other identifying information of a shelter, safe home, and place of emergency safe housing;
b. Name, address, telephone number, personally identifying information, and case file or history of any client receiving services from a domestic violence or sexual assault program; and
c. Name, address, telephone number, and other identifying information of an agent, employee, or volunteer providing services under a domestic violence or sexual assault program.
2. The information described in subsection 1 is not subject to section 44-04-18 and may not be disclosed unless:
a. A client consents to the release of information that relates only to that client or the client's dependents;
b. The agent, employee, or volunteer operating a domestic violence or sexual assault program determines the disclosure of the information necessary for the efficient and safe operation of a domestic violence or sexual assault program; or for the protection of the safety of an employee, agent, volunteer, or client of a domestic violence or sexual assault program; or for the protection of a third party reasonably thought to be in need of protection;
c. A court of competent jurisdiction orders the disclosure after an in-camera review and a written finding by the court that the information directly and specifically relates to a determination of child abuse and neglect under chapter 50-25.1 or termination of parental rights under sections 14-15-19, 27-20-44, 27-20-45, 27-20-46, 27-20-47, and 27-20-48; or
d. An agent, employee, or volunteer working with a domestic violence or sexual assault program has knowledge or reasonable cause to suspect a child has been abused or neglected as defined by section 50-25.1-02. 3. Any person who violates this section is guilty of an infraction.
