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Current as of January 01, 2024 | Updated by Findlaw Staff
1. An individual who is or has been a victim of disorderly conduct, domestic violence, or sexual assault may file a petition for a civil protection order against:
a. A family or household member who commits an act of domestic violence; or
b. An individual who has committed disorderly conduct or sexual assault.
2. The petition must identify which type of civil protection order is sought.
3. If the individual to be protected is a minor, the parent, guardian, or attorney guardian ad litem shall file a petition on behalf of the minor. The parent, guardian, or attorney guardian ad litem of the minor is the petitioner and the minor is the protected individual. A minor of sufficient and competent age may petition for a civil protection order on their own behalf.
4. If the respondent is a minor, the parent or guardian must be notified of the petition and any subsequent order.
5. The petition must allege facts sufficient to show:
a. The name of the alleged victim;
b. The name of the respondent engaging in the alleged conduct; and
c. The respondent engaged in the alleged conduct.
6. The petition must contain:
a. A declaration stating the specific facts and circumstances supporting the relief sought; and
b. A statement listing each civil or criminal action involving both parties.
7. A petition may be against only one respondent. Dual protection orders in a single action are prohibited.
8. A petition may be brought under this chapter without regard to the commencement of an action for legal separation, annulment, divorce, or parenting rights and responsibilities.
9. A filing fee may not be charged for a civil protection order petition.
Cite this article: FindLaw.com - North Dakota Century Code Title 14. Domestic Relations and Persons § 14-07.7-02. Petition for civil protection order (Effective after December 31, 2025) - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-14-domestic-relations-and-persons/nd-cent-code-sect-14-07-7-02/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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