An individual may file for a restraining order if he or she has been a victim of domestic violence, threats, and sexual assault.http://www.womenslaw.org/laws_state_type.php?id=565&state_code=ND In the state of North Dakota, restraining orders are also referred to as protection orders. Protection and restraining orders are treated as civil cases; they are issued in the District court.http://www.courtreference.com/North-Dakota-Courts.htm There are four types of protection and restraining orders in North Dakota: ex parte order, domestic violence protection order, temporary disorderly conduct restraining order, and disorderly conduct restraining order.http://www.womenslaw.org/laws_state_type.php?id=565&state_code=ND&open_id=567 http://www.womenslaw.org/laws_state_type.php?id=568&state_code=ND

An ex parte order is issued when papers are filed for a protection order. The ex parte order will last until the court hearing for a domestic violence protection order. A judge grants a domestic violence order during the final court hearing. The protection order will expire in either one month or one year. The order can be renewed before it expires. The judge may order a permanent protection order if he or she feels it is necessary. To file for a protection order, the victim must know the abuser. The abuser is a current or former spouse, a person who is a family member or in-law, someone who lives or used to live in the same household, a person currently dating or formerly dated, someone an individual is current or former sexual partner, a person with whom a child is shared, and a same-sex partner.http://www.womenslaw.org/laws_state_type.php?id=565&state_code=ND

An individual may apply for a disorderly conduct restraining order if he or she is abused or harassed by a person they do not know and is not family. This person is a neighbor, coworker, or a stranger. A temporary disorderly conduct restraining order is issued when there is immediate danger to a person. It will last until the court date for a disorderly conduct restraining order. Disorderly conduct order is issued after a court hearing by a judge. It will last up to two years.http://www.womenslaw.org/laws_state_type.php?id=568&state_code=ND

Whenever an abusive situation occurs, try to get to a safe place. Call 911 or a domestic violence program.http://www.helpguide.org/mental/domestic_violence_abuse_help_treatment_prevention.htm Do not be afraid to report domestic violence or sexual assault to police, it may help to get a domestic violence protection order or disorderly conduct restraining order. To win a protection or restraining order, evidence of abuse has to be presented to the judge. Evidence includes items such as a police report, photos of injuries, doctor or hospital medical records, and witnesses.http://womenshealth.gov/violence/prevent/ Keep records of abuse in a safe place.http://www.domesticviolence.com/evidence.html

In order to file for a protection or restraining order, forms have to be filled out. They can be found in the office of the civil clerk at the local courthouse. A lawyer or a representative from a domestic abuse program may help to fill out the papers. When filling out the forms, describe in detail what happened during the abuse. Write down whether there was hitting, use of a weapon, dates the abuse occurred, etc. When finished, do not sign the papers. They must be signed in front of a court clerk to be verified. When the papers are filed at the courthouse, bring personal identification. Also, bring information on the abuser such as a photo, address, phone numbers, work place, and car description.http://www.womenslaw.org/laws_state_type.php?id=565&state_code=ND&open_id=11591

An individual must attend the court hearing to receive a domestic violence protection order or a disorderly conduct restraining order. If he or she does not show up to the hearing, the case will be dropped and court papers will have to be filed again. Both the victim and defender will have a chance to speak on their own behalf.http://www.womenslaw.org/laws_state_type.php?id=565&state_code=ND&open_id=11591 A judge has to be convinced to give a protection or restraining order. Present evidence such as pictures, police reports, witnesses, letters, and anything else valuable to the case.http://www.domesticviolence.com/evidence.html During the hearing, the judge will make a decision on whether protection is needed.http://www.womenslaw.org/laws_state_type.php?id=565&state_code=ND&open_id=11591

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