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Current as of January 01, 2024 | Updated by Findlaw Staff
1. The court may enter a domestic violence protection order if:
a. The petitioner files a petition under section 14-07.7-02;
b. The sheriff serves the respondent with a copy of the temporary domestic violence protection order issued under section 14-07.7-06 and with notice of the time and place of the hearing;
c. The court sets a hearing for no later than fourteen days after issuance of the temporary domestic violence protection order or at a later date if good cause is shown; and
d. The court finds after the hearing that:
(1) The relationship between the respondent and protected individual is sufficient to warrant protection; and
(2) There was a showing of actual or imminent domestic violence.
2. The relief provided in the domestic violence protection order may include:
a. Restraining any party from threatening, molesting, injuring, harassing, or having contact with any other 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. Recommending or requiring that the respondent complete a domestic violence offender assessment and attend a domestic violence intervention program as determined appropriate by the court. The court may request a report from the designated program within a time period established by the court. The costs of the court-ordered assessment and subsequent reports must be borne by the respondent or, if indigent, by the respondent's county of residence.
e. Requiring a party to pay any support necessary for the support of a party and any minor children of the parties and reasonable attorney fees and costs.
f. Awarding temporary use of personal property, including motor vehicles, to either party.
g. Requiring the respondent to surrender for safekeeping any firearm or other specified dangerous weapon, as defined in section 12.1-01-04, 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. 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:
(1) The sheriff, or the sheriff's designee, of the county in which the respondent resides; or
(2) 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.
Cite this article: FindLaw.com - North Dakota Century Code Title 14. Domestic Relations and Persons § 14-07.7-07. 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-14-07-7-07/
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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