Domestic Violence Protection Order - North Dakota

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Statutory change effective January 1, 2026. North Dakota repealed its former
domestic violence protection order chapter (N.D.C.C. ch. 14-07.1, §§ 14-07.1-02
through 14-07.1-08) and recodified protection orders in N.D.C.C. ch. 14-07.7
(Civil Protection Orders) — enacted by 2025 N.D. Sess. Laws ch. 145 (H.B. 1489),
effective January 1, 2026. A domestic violence protection order is now one of three
"civil protection orders" and is governed by N.D.C.C. §§ 14-07.7-06 and 14-07.7-07.

North Dakota requires the use of official court forms (Petition for Civil Protection
Order) for these petitions. This template provides the substantive legal content to
help you prepare — but you must transfer your content to the official form before
filing. The official forms are available at
https://www.ndcourts.gov/legal-self-help/civil-protection-orders.
Do not file this document directly with the court.

STATE OF NORTH DAKOTA

IN THE DISTRICT COURT, [COUNTY NAME] COUNTY

Case No.: ____________

[PETITIONER FULL NAME],
Petitioner / Protected Individual,

v.

[RESPONDENT FULL NAME],
Respondent / Restrained Individual.

DOMESTIC VIOLENCE PROTECTION ORDER

(“Order”)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Findings of Fact & Conclusions of Law
4. Operative Injunctive Provisions
5. Enforcement, Penalties & Remedies
6. Modification, Extension, and Termination
7. Service & Law-Enforcement Instructions
8. General Provisions
9. Execution Block

1. DOCUMENT HEADER

1.1 Title and Parties Identification
a. Petitioner / Protected Individual: [PETITIONER NAME, DOB, Last 4 SSN]
b. Respondent / Restrained Individual: [RESPONDENT NAME, DOB, Last 4 SSN]
c. Additional Protected Individuals (if any): [MINOR CHILD(REN) NAME(S) & DOB(S)]

1.2 Effective Date and Expiration
This Order is effective immediately upon issuance on [DATE] and remains in force until [EXPIRATION DATE], unless modified or terminated earlier by the Court. Pursuant to N.D.C.C. § 14-07.7-03(3), this Order expires on the expiration date stated above at 11:59 p.m. central standard time. (North Dakota law sets no fixed statutory maximum term for a domestic violence protection order under N.D.C.C. § 14-07.7-07; the Court sets the duration in the Order. This is distinct from a disorderly conduct restraining order or a sexual assault restraining order, each of which may not exceed two years under N.D.C.C. §§ 14-07.7-05(3) and 14-07.7-09(3).)

1.3 Jurisdiction & Venue
The petition is brought in district court pursuant to N.D.C.C. § 14-07.7-02, and the Court is authorized to enter this domestic violence protection order pursuant to N.D.C.C. § 14-07.7-07. Venue is proper in [COUNTY] County. Personal jurisdiction over the Respondent is governed by Rule 4 of the North Dakota Rules of Civil Procedure.

2. DEFINITIONS

For purposes of this Order:

2.1 “Domestic Violence,” per N.D.C.C. § 14-07.7-01(4), includes physical harm, bodily injury, stalking, 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 member.

2.2 “Family or Household Member,” per N.D.C.C. § 14-07.7-01(5), means a spouse, family member, former spouse, parent, child, individual related by blood or marriage, individuals who are or were in a dating relationship, individuals residing together or who have resided together in the past, individuals with a child in common regardless of relationship status, and (for issuance of a civil protection order) any other individual with a sufficient relationship to the abusing individual as determined by the Court.

2.3 “Protected Individual,” per N.D.C.C. § 14-07.7-01(6), means the individual identified in this Order for whose benefit it is issued.

2.4 “Prohibited Contact” includes, without limitation, any interaction or communication with another individual, directly or indirectly, including electronic, digital, and social-media communication (see N.D.C.C. § 14-07.7-01(2)).

2.5 “Law-Enforcement Officer” means a public servant authorized by law or by a government agency to enforce the law.

3. FINDINGS OF FACT & CONCLUSIONS OF LAW

3.1 The Court, having reviewed the verified Petition, supporting declaration, and testimony presented at the hearing held on [DATE], FINDS:
a. Respondent and Petitioner are [relationship—spouses/former partners/etc.], a relationship sufficient to warrant protection.
b. An act of domestic violence occurred on or about [DATE] at [LOCATION].
c. There has been a showing of actual or imminent domestic violence.

3.2 The Court therefore CONCLUDES that the statutory grounds for relief under N.D.C.C. § 14-07.7-07(1)(d) are satisfied and that the following injunctive relief is warranted.

4. OPERATIVE INJUNCTIVE PROVISIONS

Relief is entered pursuant to N.D.C.C. § 14-07.7-07(2).

4.1 No Contact. Respondent SHALL NOT directly or indirectly:
i. Threaten, molest, injure, harass, or have contact with the Protected Individual or any other individual named in this Order;
ii. Stalk or follow the Protected Individual.

4.2 Residence Exclusion. Respondent is EXCLUDED from [ADDRESS] — the residence of the Protected Individual (or a place necessary to ensure the Protected Individual's safety) — and shall remain at least [X] yards from said property. (N.D.C.C. § 14-07.7-07(2)(b).)

4.3 Firearms & Dangerous Weapons (if ordered). If the Court has probable cause to believe the Respondent is likely to use, display, or threaten to use a firearm or other dangerous weapon (as defined in N.D.C.C. § 12.1-01-04) in further acts of violence, then pursuant to N.D.C.C. § 14-07.7-07(2)(g):
a. Respondent shall surrender for safekeeping any firearm or other specified dangerous weapon in the Respondent's possession, custody, or control.
b. Respondent shall surrender the firearm or dangerous weapon within twenty-four (24) hours of being served with this Order, or upon the request of a law-enforcement officer, whichever is sooner, 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.
c. If the Respondent fails to surrender the firearm or dangerous weapon within twenty-four hours, a law-enforcement officer may arrest the Respondent in accordance with N.D.C.C. § 14-07.7-18 and take possession of the firearm or dangerous weapon.
d. Federal prohibition (independent of state safekeeping): While this Order — issued after notice and a hearing — remains in effect and meets the criteria of 18 U.S.C. § 922(g)(8), it is a federal crime for the Respondent to possess any firearm or ammunition, regardless of whether a state surrender order is entered.

4.4 Temporary Primary Residential Responsibility & Parenting Time (if applicable). (N.D.C.C. § 14-07.7-07(2)(c).)
a. The Court awards temporary primary residential responsibility for the minor child(ren) to Petitioner.
b. Any parenting time for Respondent is [SUSPENDED / limited as follows: ____] pending further order of this Court.

4.5 Support Obligations (optional). Respondent shall pay temporary support as necessary for the support of a party and any minor children, in the amount of $[AMOUNT] per month, commencing [DATE], through the State Disbursement Unit, together with reasonable attorney fees and costs. (N.D.C.C. § 14-07.7-07(2)(e).)

4.6 Personal Property (optional). The Court awards temporary use of the following personal property, including any motor vehicle, to [Petitioner/Respondent]: [DESCRIBE PROPERTY]. (N.D.C.C. § 14-07.7-07(2)(f).)

4.7 Offender Assessment / Intervention (optional). Respondent is [recommended / required] to complete a domestic violence offender assessment and attend a domestic violence intervention program as determined appropriate by the Court, with costs borne by Respondent (or, if indigent, by Respondent's county of residence). (N.D.C.C. § 14-07.7-07(2)(d).)

4.8 Law-Enforcement Stand-By. Upon request of the Petitioner, law-enforcement officers are authorized to accompany the Petitioner and assist in placing the Petitioner in possession of the dwelling or residence, or otherwise assist in execution of this Order. (N.D.C.C. § 14-07.7-19.)

5. ENFORCEMENT, PENALTIES & REMEDIES

5.1 Criminal Penalties. Once the Respondent has been served with a copy of this Order, a first violation is a class A misdemeanor, and a violation also constitutes contempt of court. Following a conviction, a second or subsequent violation is a class C felony. (N.D.C.C. § 14-07.7-17.)

5.2 Mandatory Warrantless Arrest. A law-enforcement officer shall arrest the Respondent without a warrant if the officer has probable cause to believe the Respondent has violated this Order (as described in N.D.C.C. § 14-07.7-03(1)), regardless of whether the violation was committed in the officer's presence. (N.D.C.C. § 14-07.7-18.)

5.3 Contempt. A violation of this Order also constitutes contempt of court, and the Court retains continuing jurisdiction to enforce this Order through contempt proceedings, including incarceration, fines, and attorney's fees. (N.D.C.C. § 14-07.7-17.)

5.4 Federal Enforcement. This Order is enforceable nationwide pursuant to 18 U.S.C. § 2265. Intentional violation may trigger federal criminal liability under 18 U.S.C. §§ 2261-2262. This Order is a nonexclusive remedy and may be in addition to other civil or criminal remedies (N.D.C.C. § 14-07.7-15).

6. MODIFICATION, EXTENSION, AND TERMINATION

6.1 The Court may amend this Order following a written motion filed by either party and served on all parties. (N.D.C.C. § 14-07.7-03(2).)

6.2 An extension may be sought by motion prior to expiration. Absent extension, this Order expires at 11:59 p.m. central standard time on [EXPIRATION DATE]. (N.D.C.C. § 14-07.7-03(3).)

7. SERVICE & LAW-ENFORCEMENT INSTRUCTIONS

7.1 Service. Pursuant to N.D.C.C. § 14-07.7-12, when this Order is issued, extended, modified, or terminated, the Court shall transmit a copy to the sheriff of the county in which the Respondent resides for service on the Respondent. If the Respondent cannot be served personally, service may be made by publication under Rule 4 of the North Dakota Rules of Civil Procedure. No service fee may be charged to the Petitioner.

7.2 NCIC Entry & Transmittal. Pursuant to N.D.C.C. § 14-07.7-16, the Court shall transmit this Order electronically to the North Dakota Bureau of Criminal Investigation, which shall enter it in the National Crime Information Center (NCIC) database. The clerk of court shall forward a copy to the local law-enforcement agency with jurisdiction over the residence of the protected party by the close of business on the day this Order is issued.

7.3 Stalking-Law Notice. A copy of N.D.C.C. § 12.1-17-07 (harassment/stalking) is included with or attached to this Order pursuant to N.D.C.C. § 14-07.7-11.

7.4 Execution Authority. Any peace officer of this state, or of any jurisdiction within the United States, is authorized to enforce this Order and to arrest the Respondent upon probable cause of a violation.

8. GENERAL PROVISIONS

8.1 Full Faith & Credit. This Order is valid and enforceable in all U.S. jurisdictions under 18 U.S.C. § 2265.

8.2 No Effect on Title. This Order does not affect title to any real property. (N.D.C.C. § 14-07.7-03(4).)

8.3 Confidentiality. The name of the Protected Individual, and any record that may reveal the identity or location of the Protected Individual, is confidential and must be redacted from any record accessible to the public. (N.D.C.C. § 14-07.7-03(6).) The hearing on this domestic violence protection order is closed to the public. (N.D.C.C. § 14-07.7-03(7).)

8.4 Severability. If any provision of this Order is held invalid, the remaining provisions shall remain in full force and effect.

8.5 Supersession. This Order supersedes any prior temporary domestic violence protection order in this matter.

8.6 Copies & Electronic Signatures. Photocopies, facsimile, or electronically signed versions of this Order shall have the same force and effect as an original.

9. EXECUTION BLOCK

ORDERED this ___ day of ____________, 20__.

_____________________________________
[JUDGE / JUDICIAL REFEREE FULL NAME]
District Court, [Judicial District]

ATTEST:

_____________________________________
[CLERK NAME]
Clerk of Court

(SEAL)

ACKNOWLEDGMENT OF RESPONDENT
I, [RESPONDENT NAME], acknowledge receipt of this Order, understand its terms, and am aware of the penalties for violation.

_____________________________________
Respondent Signature & Date

Sources and References

• N.D.C.C. ch. 14-07.7 (Civil Protection Orders) — enacted by 2025 N.D. Sess. Laws ch. 145 (H.B. 1489), effective January 1, 2026; repealed former ch. 14-07.1 §§ 14-07.1-02 through -08: North Dakota Century Code Ch. 14-07.7 (PDF)
• N.D. Court System — Civil Protection Orders (self-help + official forms): https://www.ndcourts.gov/legal-self-help/civil-protection-orders
• 18 U.S.C. § 2265 (full faith and credit); 18 U.S.C. §§ 2261-2262 (interstate domestic violence/stalking); 18 U.S.C. § 922(g)(8) (federal firearm possession prohibition for persons subject to a qualifying protection order).