Templates Family Law Domestic Violence Protection Order
Domestic Violence Protection Order
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STATE OF NORTH DAKOTA

IN THE DISTRICT COURT, [COUNTY NAME] COUNTY

FAMILY DIVISION

Case No.: ______

[PETITIONER FULL NAME],
Petitioner / Protected Party,

v.

[RESPONDENT FULL NAME],
Respondent.

DOMESTIC VIOLENCE PROTECTION ORDER

(“Order”)


[// GUIDANCE: This template is drafted for use in North Dakota under N.D. Cent. Code ch. 14-07.1. Insert county, case number, and party information exactly as captioned in the underlying petition.]


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 Party: [PETITIONER NAME, DOB, Last 4 SSN]
b. Respondent: [RESPONDENT NAME, DOB, Last 4 SSN]
c. Additional Protected Persons (if any): [MINOR CHILD(REN) NAME(S) & DOB(S)]

1.2 Effective Date
This Order is effective immediately upon issuance on [DATE] and remains in force until [EXPIRATION DATE], unless modified or terminated earlier by the Court.

1.3 Jurisdiction & Venue
The Court has jurisdiction pursuant to N.D. Cent. Code § 14-07.1-02; venue is proper in [COUNTY] County.


2. DEFINITIONS

For purposes of this Order:

2.1 “Domestic Violence” means physical harm, bodily injury, sexual assault, or the infliction of fear of imminent physical harm, bodily injury, sexual assault, pursuant to N.D. Cent. Code § 14-07.1-01.

2.2 “Protected Address” means any residential, school, or employment location identified in sealed court filings to remain confidential.

2.3 “Prohibited Contact” includes, without limitation, in-person contact, telephone calls, text messages, e-mails, social-media interactions, or any third-party communication.

2.4 “Law-Enforcement Agency” means the agency with primary jurisdiction over the address where enforcement is sought.

[// GUIDANCE: Add, delete, or edit defined terms to match petition allegations.]


3. FINDINGS OF FACT & CONCLUSIONS OF LAW

3.1 The Court, having reviewed the verified Petition, supporting affidavits, and testimony presented at the hearing held on [DATE], FINDS:
a. Respondent and Petitioner are [relationship—spouses/former partners/etc.].
b. An act of domestic violence occurred on or about [DATE] at [LOCATION].
c. Immediate issuance of a protection order is necessary to prevent further harm.

3.2 The Court therefore CONCLUDES that statutory grounds for relief exist under N.D. Cent. Code § 14-07.1-02 and that the following injunctive relief is warranted.


4. OPERATIVE INJUNCTIVE PROVISIONS

4.1 No Contact. Respondent SHALL NOT directly or indirectly:
i. Initiate any Prohibited Contact with the Protected Party;
ii. Harass, stalk, follow, or threaten the Protected Party.

4.2 Residence Exclusion. Respondent SHALL IMMEDIATELY vacate [ADDRESS] and remain at least [X] yards from said property.

4.3 Firearms & Dangerous Weapons. Pursuant to N.D. Cent. Code § 14-07.1-03(4):
a. Respondent is PROHIBITED from possessing firearms or dangerous weapons for the duration of this Order.
b. Respondent shall surrender all firearms to [LAW-ENFORCEMENT AGENCY] within [24] hours and file proof of surrender with the Court within [48] hours.

4.4 Temporary Custody & Parenting Time (if applicable).
a. The Court awards temporary sole legal and physical custody of the minor child(ren) to Petitioner.
b. Any parenting time for Respondent is SUSPENDED pending further order of this Court.

4.5 Support Obligations (optional). Respondent shall pay temporary child/spousal support in the amount of $[AMOUNT] per month, commencing [DATE], through the State Disbursement Unit.

4.6 Law-Enforcement Stand-By. Law-enforcement officers are authorized to accompany the Protected Party to remove essential personal property.


5. ENFORCEMENT, PENALTIES & REMEDIES

5.1 Criminal Penalties. A knowing violation of this Order may constitute a Class A misdemeanor under N.D. Cent. Code § 14-07.1-06(4) and expose Respondent to arrest without warrant.

5.2 Civil Contempt. The Court retains continuing jurisdiction to enforce this Order through civil contempt proceedings, including incarceration, fines, and attorney’s fees.

5.3 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.


6. MODIFICATION, EXTENSION, AND TERMINATION

6.1 Either party may move to modify or terminate this Order pursuant to N.D. Cent. Code § 14-07.1-05 by written motion served on all parties and the State’s Attorney.

6.2 An extension may be granted upon a showing of good cause prior to expiration. Absent extension, this Order expires at 11:59 p.m. on [EXPIRATION DATE].


7. SERVICE & LAW-ENFORCEMENT INSTRUCTIONS

7.1 Service. A certified copy of this Order shall be:
a. Served on Respondent by [Sheriff/Process Server] forthwith;
b. Entered into the National Crime Information Center (NCIC) Protection Order File;
c. Provided to the appropriate Law-Enforcement Agency with jurisdiction over the Protected Address.

7.2 Execution Authority. Any peace officer of this state, or of any jurisdiction within the United States, is authorized to enforce this Order and arrest Respondent upon probable cause of 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 Severability. If any provision of this Order is held invalid, the remaining provisions shall remain in full force and effect.

8.3 Supersession. This Order supersedes any prior temporary or emergency protection order in this matter.

8.4 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 FULL NAME]
District Court Judge, [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


[// GUIDANCE: Notary or witness acknowledgment may be added here if required by local rule.]

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