Domestic violence or harassment is a reality for many families. There are many ways both attorneys and the courts will help. Gjesdahl Law’s attorneys specifically will help prepare all of the petitions and affidavits necessary to be granted protection. For protection order legal services in the greater Fargo area, get in touch today.
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Unfortunately, domestic violence or harassment is a reality for many families. In order to be granted a protection order, a victim of domestic violence, harassment, or disorderly conduct must file a petition and/or affidavit that details the conduct to establish the need for a temporary restraining order.
A temporary order will restrain the perpetrator from contacting or interacting with the victim, including contact through third parties. Depending on the type of order, a court may award temporary residential responsibility (custody), supervised parenting time, use of a home, child and/or spousal support, and attorney fees. In some cases, a court hearing may be necessary.
If you or your children need protection in North Dakota, there are different ways attorneys and courts will help.
In North Dakota, our offices assist those looking for help with civil Domestic Violence Protection Orders (DVPO), Disorderly Conduct Restraining Orders (DCRO), and Criminal No Contact Orders (NCO).
The type of order you need will depend on the facts of your case. Even if there are criminal charges involving your case, you may still need to seek help to ensure your family is protected. Gjesdahl Law can be the help you need during this process.
Gjesdahl Law will help you prepare the petitions and affidavits necessary to receive a protective order. We will appear at hearings and help you through the unfamiliar, but necessary, process.
Likewise, if you are wrongfully accused of abuse or harassment, our office will help you tell the court your side of the story.
Domestic Violence Protection Orders (DVPOs) restrict contact between the victim and perpetrator, and require that the preparator surrenders any and all firearms.
Additionally, DVPOs may exclude the perpetrator from a home, dwelling, or other place the victim may be staying, recommend counseling for both parties with a domestic violence program or other agency, establish possession of property, award temporary custody and visitation rights, and set up temporary child and spousal support.
To be granted a Domestic Violence Protection Order, an allegation and showing of domestic violence must be reported. Domestic violence may include physical harm, bodily injury, sexual activity compelled by physical force, assault, or the infliction of imminent physical harm, bodily injury, sexual activity compelled by force, and assault not committed in self-defense.
Disorderly Conduct Restraining Orders (DCROs) will restrict and prevent the perpetrator from having contact with or harassing a victim. These restraining order can be temporary or can last up to 2 years, pending a court hearing.
Disorderly Conduct Restraining Orders require a showing of intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person. Human trafficking also falls under this definition. However, constitutionally protected activity is not considered “disorderly conduct.”
Criminal No Contact Orders (NCOs) are often granted during court hearings in criminal cases. A NCO establishes that the defendant in a case cannot have any contact with the victim or anyone included within the NCO.
Criminal No Contact Orders are issued in conjunction with criminal actions when a person is charged with or arrested for a crime of violence or threat of violence, stalking, harassment, or a sex offense and will be released from custody before arraignment or trial.
Since NCOs are criminal in nature, they will not cover the same areas as a DVPO.
DVPOs are issued by District Court in Family or Domestic Law cases.
DCROs are a civil action and are issued by the District Court.
NCOs are issued as part of a criminal action and issued in relation to a crime.
DVPOs require an allegation and showing of domestic violence. Domestic Violence is physical harm, bodily injury, sexual activity compelled by physical force, assault, or the infliction of imminent physical harm, bodily injury, sexual activity compelled by force, and assault not committed in self-defense.
DCROs require a showing of intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person. Human trafficking also falls under this definition. However, constitutionally protected activity is not considered “disorderly conduct.”
NCOs are issued in conjunction with criminal actions when a person is charged with or arrested for a crime of violence or threat of violence, stalking, harassment, or a sex offense and will be released from custody before arraignment or trial.
Because a DVPO requires a showing of domestic violence, you must have a familial relationship to the perpetrator. A family relationship includes spouses and former spouses, parents and children, persons who have resided together in the past, persons related by blood, persons who have a child together regardless of marital status, and any other definition that the court finds sufficient to warrant the issuance of a DVPO.
DCROs do not require a relationship with the preparator. Any person that commits unwanted and qualifying acts may be subject to restrictions under a DCRO.
Because a NCO is part of a criminal action, the individual must be charged with or arrested for a qualifying crime and be subject to release prior to arraignment. There is no requirement that the perpetrator be a family member or have a family relationship.
DVPOs will restrict contact and require that the preparator surrender firearms. Additionally, DVPOs may exclude the perpetrator from a home, dwelling, or other place the victim may be staying, recommend counseling for both parties with a domestic violence program or other agency, establish possession of property, award temporary custody and visitation rights, and set up temporary child and spousal support.
DCROs will restrict and prevent the perpetrator from having contact with or harassing a victim.
NCOs only limit contact between the victim and the abuser. They are criminal in nature and will not cover the same areas as a DVPO.
Any victim of domestic violence can seek a DVPO from the Court, either pro se or with the help of an attorney.
Any victim of disorderly conduct can seek a DCRO from the Court, either pro se or with the help of an attorney.
The prosecutor or State’s Attorney in a criminal case can request the NCO as part of their pending criminal matter.
There is no filing fee for victims of domestic violence in DVPO matters.
The victim of disorderly conduct will have a civil filing fee for a DCRO. This fee is not required if the alleged acts involve acts of domestic violence.
Because NCOs are part of the criminal file, there is no filing fee for the victim.
Once an application is filed, the Court must hold a hearing within 14 days. If an ex parte DVPO is entered, the court must hold a hearing within 14 days from the issuance of the temporary DVPO.
A hearing must be held within 14 days after the issuance of a temporary DCRO, unless the time period for a hearing is extended by the written consent of the parties.
A NCO may be entered against a qualifying perpetrator upon release from custody before arraignment or trial. Upon arraignment, the court will determine if the NCO needs to be extended.
North Dakota law does not have a defined period that a DVPO can be issued for. The length of the DVPO must be reasonable under the facts of each case.
A DCRO may be issued against an individual for up to two years.
If the perpetrator is not charged, the NCO expires 72 hours after issuance of the NCO. Law enforcement is directed to keep the NCO on file for one year or until the date of expiration specified in the Order.
