Effective January 1, 2026, North Dakota courts may issue orders to protect people from domestic violence, sexual assault, or disorderly conduct.
People who have experienced domestic violence, sexual assault, or disorderly conduct may ask a court for protection. The court may set contact limits and other safety rules after a hearing.
In a domestic violence case, a court may require a person to hand over a firearm or other specified dangerous weapon if there is probable cause to believe it may be used in further violence.
Violating a served civil protection order is a crime and contempt of court. A first violation is a misdemeanor; after a conviction, a later violation is a felony.
A person may petition a court for a civil protection order. A person who has experienced disorderly conduct, domestic violence, or sexual assault may petition against a person described in the law. A person may seek an order for disorderly conduct or sexual assault, or domestic violence by a family or household member. After a hearing, a court may order safety measures; domestic violence orders may also set temporary arrangements for children, support, or use of property. A parent, guardian, or attorney guardian ad litem must petition for a minor, unless a sufficiently mature minor petitions on their own behalf. No filing fee may be charged. The chapter takes effect January 1, 2026.
A court may order a respondent to surrender a firearm or other specified dangerous weapon for safekeeping. This may apply under a temporary or full domestic violence protection order to a weapon in the respondent's possession, custody, or control. The court must have probable cause to believe the respondent is likely to use, display, or threaten to use the weapon in further violence. The respondent must surrender it within 24 hours after service or when a law enforcement officer requests it, whichever comes first. If the respondent does not comply within 24 hours, an officer may arrest them and take the weapon. The 24-hour surrender period starts when the respondent is served; an officer's request may require surrender sooner.
A violation of a served civil protection order is a crime and contempt of court, and a law enforcement officer must arrest the person if there is probable cause of a violation. These rules apply after the respondent or person to be restrained has been served with the order. The first violation is a class A misdemeanor. After a conviction, a second or later violation under this chapter is a class C felony. An officer must arrest the person whether or not the officer witnessed the violation.
No hearings or votes scheduled.