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Current as of January 01, 2024 | Updated by Findlaw Staff
1. If the petition for relief alleges reasonable grounds to believe a respondent engaged in domestic violence, the court, pending a full hearing, may grant a temporary domestic violence protection order that may include provisions:
a. Restraining the respondent from having contact with or committing acts of domestic violence on another individual.
b. Excluding the respondent from the residence of another individual or from a place necessary to ensure the safety of the protected individual.
c. Awarding temporary primary residential responsibility or establishing temporary parenting time 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, which is in the respondent's possession, custody, or control, if the court has probable cause to believe the respondent is likely to use, display, or threaten to use the firearm or other dangerous weapon in further acts of violence.
2. If ordered to surrender a firearm or other dangerous weapon, the respondent shall surrender the firearm or dangerous weapon within twenty-four hours of being served or upon the request of a law enforcement officer, whichever is sooner, to:
a. The sheriff, or the sheriff's designee, of the county in which the respondent resides; or
b. The chief of police, or the chief's designee, of the city in which the respondent resides.
3. If the respondent is ordered to surrender a firearm or other dangerous weapon and fails to do so within twenty-four hours, a law enforcement officer may arrest the respondent in accordance with section 14-07.7-18 and take possession of the firearm or dangerous weapon.
4. A temporary domestic violence protection order may be entered only against the respondent named in the petition.
5. The court may issue a temporary domestic violence protection order without giving notice to the respondent.
6. Unless otherwise terminated by the court, the temporary domestic violence protection order is in effect until a protection order issued under section 14-07.7-07 is served.
Cite this article: FindLaw.com - North Dakota Century Code Title 14. Domestic Relations and Persons § 14-07.7-06. Temporary domestic violence 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-14-07-7-06/
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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