North Dakota
North Dakota Restraining Order Laws (2026): How to Get a Civil Protection Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
In North Dakota, a Civil Protection Order (CPO) is available to victims of domestic violence, sexual assault, or stalking. Under a major 2025 law effective January 1, 2026, North Dakota now offers three types of CPOs, with stalking addressed under whichever type fits the relationship between the parties. An emergency temporary CPO can be issued the same day; how long a final CPO lasts depends on which type is issued.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in North Dakota
North Dakota law does not use the phrase "restraining order" as an official term. The correct term is Civil Protection Order (CPO). As of January 1, 2026, a comprehensive restructuring under HB 1489 (2025 Legislature) took effect, creating NDCC Chapter 14-07.7. This new chapter replaces most of the old Domestic Violence Protection Order statute (Chapter 14-07.1) and establishes three distinct CPO types under a single framework.
The Domestic Violence Civil Protection Order requires a qualifying personal or family relationship between petitioner and respondent, and it also covers stalking by someone in that relationship; it carries no statutory maximum duration. The Sexual Assault Civil Protection Order requires no relationship at all, meaning a victim of sexual assault by a stranger, neighbor, coworker, or acquaintance can seek civil protection; it is capped at two years. The Disorderly Conduct Civil Protection Order addresses harassment, threatening conduct, and stalking by someone with no qualifying relationship to the petitioner, and is also capped at two years.
This consolidation is significant: before January 1, 2026, sexual assault and domestic violence protective orders lived in separate statutes, and victims sometimes had to navigate multiple filing procedures. Chapter 14-07.7 brings them together while preserving the relationship-based distinction for domestic violence CPOs.
The old Disorderly Conduct Restraining Order under NDCC §12.1-31.2 no longer governs new filings. Under the chapter's transition rule (14-07.7-20), an order issued under the old statute before January 1, 2026 stays valid for its original term, but any new disorderly conduct restraining order is now filed under sections 14-07.7-04 and 14-07.7-05, alongside the other CPO types.
Who can get a restraining order in North Dakota?
For the Domestic Violence CPO, the petitioner must be in a qualifying relationship with the respondent. Under NDCC Chapter 14-07.7, qualifying relationships include:
- Spouses or former spouses
- Parents and children
- Persons related by blood or marriage
- Persons in a current or former dating relationship
- Current or former cohabitants (people who live or previously lived together)
- Co-parents (persons who share a child, regardless of marital history)
- Any other person with a sufficient relationship to the abusing person, as determined by the court
That final catchall provision gives courts some flexibility to cover relationships that do not fit neatly into the listed categories.
For the Sexual Assault CPO, no relationship with the respondent is required. Any victim of sexual assault in North Dakota can petition for this order regardless of whether they know the respondent. A stalking victim petitions under the Domestic Violence CPO if there is a qualifying relationship with the stalker, or the Disorderly Conduct CPO if there is not.
If you are unsure which type of CPO fits your situation, the clerk of the District Court can provide guidance, and a local domestic violence advocate can help you select and complete the correct forms.
How to file for a restraining order in North Dakota
CPOs are filed in District Court (North Dakota has a unified court system with one level of trial court). There is no filing fee for a CPO petition under the federal Violence Against Women Act.
Under HB 1489 (effective January 1, 2026), two important privacy protections now apply to domestic violence and sexual assault CPO hearings: the hearings are closed to the public, and the petitioner's name is exempt from public record. This change was designed to encourage reporting by reducing the risk that a victim's identity will be disclosed.
To file, you complete a petition describing the acts of domestic violence, sexual assault, or stalking, along with the specific facts and circumstances supporting the relief you are asking the court for. The clerk presents your petition to a judge. If the petition alleges reasonable grounds to believe the respondent engaged in the conduct, the court may issue an emergency temporary CPO the same day, without notifying the respondent first (ex parte).
Note what that standard does not require. Chapter 14-07.7 does not ask you to prove immediate or present danger to get the temporary order. It asks for reasonable grounds to believe the conduct happened: domestic violence under section 14-07.7-06, disorderly conduct under 14-07.7-04, or sexual assault under 14-07.7-08. The court then sets a full hearing no later than 14 days after the temporary order is issued, or a later date if good cause is shown, so the respondent has an opportunity to respond. Before the full hearing, get a free case evaluation from a North Dakota family lawyer on organizing the evidence you will present (attorney advertising).
Court self-help staff can assist with forms. North Dakota's statewide domestic violence coalition, the North Dakota Council on Abused Women's Services (CAWS ND), can connect you with a local advocate who may accompany you to court.
Temporary vs. final orders: how long they last
The North Dakota CPO process has two stages. The emergency stage produces a temporary CPO issued without the respondent present. The contested hearing stage produces a final CPO after both parties have had notice and an opportunity to be heard.
| Order Stage | Duration |
|---|---|
| Temporary CPO (ex parte) | Issued same day; stays in effect until the final order is served, unless the court terminates it sooner. Hearing set no later than 14 days after issuance, or later for good cause |
| Final Disorderly Conduct or Sexual Assault CPO (after hearing) | Up to 2 years under Chapter 14-07.7; renewable |
| Final Domestic Violence CPO (after hearing) | No statutory maximum under Chapter 14-07.7; runs until the date stated in the order or until the court modifies or vacates it |
Under the prior law (Chapter 14-07.1), final domestic violence protection orders had no explicit statutory maximum duration and remained valid until modified or vacated by the court. That is still true under Chapter 14-07.7 (effective January 1, 2026): the Domestic Violence CPO carries no statutory maximum term. The Disorderly Conduct and Sexual Assault CPOs, by contrast, are capped at a maximum term of two years but are renewable, giving those cases a clearer timeline while preserving the option to extend.
A temporary CPO does not lapse if your hearing is continued. Unless the court terminates it earlier, the temporary order stays in effect until the final order is served (NDCC 14-07.7-06(6) for the domestic violence order, 14-07.7-04(3) for the disorderly conduct order). A later hearing date therefore does not leave you unprotected in the gap, and there is no separate motion to extend the temporary order that you need to file. The good cause language in the statute governs setting the hearing itself for a later date, not the life of the temporary order.
Firearms and a North Dakota protective order
North Dakota's firearm surrender authority applies to the Domestic Violence CPO only. On a temporary or final domestic violence protection order, the court may require the respondent to surrender any firearm or other dangerous weapon for safekeeping, but only if the court has probable cause to believe the respondent is likely to use, display, or threaten to use that weapon in further acts of violence (NDCC 14-07.7-06(1)(d) and 14-07.7-07(2)(g)). Surrender is never automatic, and North Dakota does not mandate it by statute in every case the way some states do. If the court does order it, the respondent must surrender the weapon within 24 hours of being served, or sooner if a law enforcement officer requests it, to the sheriff of the county or the chief of police of the city where the respondent lives.
The Disorderly Conduct and Sexual Assault CPO sections of Chapter 14-07.7 contain no firearm surrender provision. The sexual assault order instead prescribes a set list of terms (no harassing, stalking, or threatening; no appearing at the residence, school, or place of employment; no contact), and weapons are not among them. If you are petitioning for one of those two order types, do not count on state firearm relief through the order itself.
Regardless of what the state order says, any qualifying final CPO also triggers the federal firearm prohibition under 18 U.S.C. §922(g)(8). Under federal law, a person subject to a qualifying final protective order (entered after notice and a hearing, restraining the respondent from harassing, stalking, or threatening an intimate partner or partner's child, and either including a judicial finding that the respondent represents a credible threat to that person's physical safety or explicitly prohibiting the use, attempted use, or threatened use of physical force against them) may not lawfully possess any firearm or ammunition. Violating this prohibition is a federal felony.
If the court orders firearms surrender and the respondent fails to comply, notify law enforcement and inform the court at the next hearing. If you are concerned that the respondent has firearms, you can raise that concern when you file your petition or at any court appearance.
What happens if someone violates the order?
Violating a CPO in North Dakota is a criminal offense under NDCC 14-07.7-17, the penalty section of the current chapter. The old penalty section, NDCC 14-07.1-06, was repealed as part of the same 2025 restructuring, so 14-07.7-17 is the operative provision for orders granted under Chapter 14-07.7. A violation also constitutes contempt of court. The penalty structure is:
- First violation: Class A misdemeanor, punishable by up to 360 days in jail and a fine up to $3,000.
- Second or subsequent violation following a conviction: Class C felony, punishable by up to 5 years in prison and a fine up to $10,000.
The felony escalation for repeat violations is one of the stronger penalty structures in the region and reflects North Dakota's policy of treating repeated violations as serious criminal conduct.
If the respondent contacts you, approaches you at home or work, or does anything else the order prohibits, call 911 immediately. Keep a written record of every incident: date, time, what happened, location, and any witnesses. Report every violation to law enforcement and bring your records to the court when renewing or modifying your CPO. A pattern of violations supports both criminal prosecution and a renewal or extension of the protective order.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related pages
For a full overview of how protective orders work across all 50 states, see the Restraining Order Laws by State hub.
North Dakota recording law may be relevant if you are gathering evidence of harassment. See North Dakota Recording Law for the rules on recording conversations in North Dakota.
More North Dakota Laws
- North Dakota Child Custody Laws
- North Dakota Divorce Laws
- North Dakota GPS Tracking Laws
- North Dakota Self-Defense Laws
Frequently Asked Questions
How do I get a restraining order in North Dakota?
File a petition for a Civil Protection Order (CPO) in North Dakota District Court. Choose the correct type: a Domestic Violence CPO if you are in a qualifying relationship with the respondent (this also covers stalking by that person), a Sexual Assault CPO if the case involves sexual assault regardless of relationship, or a Disorderly Conduct CPO for stalking or harassment by someone you do not have a qualifying relationship with. There is no filing fee. Describe the acts and the specific facts supporting the order you are asking for. If the petition alleges reasonable grounds to believe the respondent engaged in the conduct, a judge can issue an emergency temporary CPO the same day.
How long does a restraining order last in North Dakota?
Under the new Chapter 14-07.7 (effective January 1, 2026), a final Disorderly Conduct or Sexual Assault CPO lasts up to two years and is renewable, while a final Domestic Violence CPO has no statutory maximum term and lasts until the date in the order or until the court modifies or vacates it. The emergency temporary CPO stays in effect until the final order is served, unless the court terminates it sooner, so it does not lapse if the hearing is continued. The court sets that hearing no later than 14 days after the temporary order is issued, or a later date if good cause is shown.
How much does a restraining order cost in North Dakota?
Filing for a CPO is free. The federal Violence Against Women Act prohibits courts from charging filing or service fees for domestic violence protective orders, and North Dakota does not charge fees for CPO petitions.
Can I get a restraining order without a police report?
Yes. A police report is not required to file for a CPO. The civil petition process is independent of any criminal case. Documentation of incidents (photos, texts, witness statements) can strengthen your petition, but it is not a prerequisite for filing.
Does a restraining order take away gun rights in North Dakota?
On a Domestic Violence CPO, the court may order the respondent to surrender firearms and other dangerous weapons to law enforcement, but only if the court has probable cause to believe the respondent is likely to use, display, or threaten to use them in further acts of violence. The Disorderly Conduct and Sexual Assault CPO provisions of Chapter 14-07.7 contain no firearm surrender authority. Separately, any qualifying final CPO triggers the federal ban under 18 U.S.C. 922(g)(8), which prohibits the respondent from possessing any firearm or ammunition. Violation of the federal ban is a separate federal felony.
What happens if the abuser violates the order?
A first violation is a Class A misdemeanor (up to 360 days jail / $3,000 fine). A second or subsequent violation is a Class C felony (up to 5 years prison / $10,000 fine). Call 911 immediately if there is a violation, document every incident, and report violations to the court.
What changed about North Dakota protective orders in 2026?
HB 1489 (2025 Legislature, effective January 1, 2026) created NDCC Chapter 14-07.7, consolidating domestic violence, sexual assault, disorderly conduct, and stalking-related civil protection orders into one chapter. The Disorderly Conduct and Sexual Assault CPOs are capped at two years; the Domestic Violence CPO remains uncapped. The law also closed CPO hearings to the public and sealed petitioner names to protect victim privacy.
Updates
Corrected the emergency temporary order standard to the statute’s reasonable-grounds test rather than the repealed immediate-and-present-danger test, clarified that a temporary CPO stays in effect until the final order is served instead of expiring at the hearing, scoped firearm surrender to domestic violence protection orders, and updated the violation penalty citation to NDCC 14-07.7-17.
Corrected the North Dakota civil protection order taxonomy: the state's 2026 law creates three order types (Domestic Violence, Sexual Assault, Disorderly Conduct), not four, with stalking addressed under the Domestic Violence or Disorderly Conduct order depending on the relationship; corrected the two-year duration cap to apply only to the Disorderly Conduct and Sexual Assault orders (the Domestic Violence order has no statutory maximum term); corrected the Class A misdemeanor jail term to 360 days; fixed two dead citation links.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the description of a federally 'qualifying' protective order under 18 U.S.C. 922(g)(8) to include the required credible-threat finding or explicit force-prohibition element, which the article had omitted.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
North Dakota Century Code
§ 14-07.7-02Petition for civil protection orderIn force
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 family or household member who commits an act of domestic violence; or An individual who has committed disorderly conduct or sexual assault. The petition must identify which type of civil protection order is sought. 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. If the respondent is a minor, the parent or guardian must be notified of the petition and any subsequent order. The petition must allege facts sufficient to show: The name of the alleged victim; The name of the respondent engaging in the alleged conduct; and The respondent engaged in the alleged conduct.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at ndlegis.gov
§ 14-07.7-07Domestic violence protection orderIn force
The court may enter a domestic violence protection order if: The petitioner files a petition under section 14-07.7-02; 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; 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 The court finds after the hearing that: The relationship between the respondent and protected individual is sufficient to warrant protection; and There was a showing of actual or imminent domestic violence. The relief provided in the domestic violence protection order may include: Restraining any party from threatening, molesting, injuring, harassing, or having contact with any other individual. Excluding the respondent from the residence of another individual or from a place necessary to ensure the safety of the protected individual. Awarding temporary primary residential responsibility or establishing temporary parenting time with regard to minor children.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 14-07.7-05Disorderly conduct restraining orderIn force
The court may grant a disorderly conduct restraining order ordering the respondent to cease the disorderly conduct or contact with the protected individual if: The petitioner files a petition under section 14-07.7-02; The sheriff serves the respondent with a copy of the temporary restraining order issued under section 14-07.7-04 and with notice of the time and place of the hearing; The court sets a hearing for no later than fourteen days after issuance of the temporary restraining order, or a later date if good cause is shown; and After the hearing, the court finds reasonable grounds exist to believe the respondent engaged in disorderly conduct. If a respondent claims to have engaged in constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity. Relief granted by the restraining order may not exceed two years.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 14-07.7-04Temporary disorderly conduct restraining orderIn force
If the petition for relief alleges reasonable grounds that a respondent engaged in disorderly conduct, the court, pending a full hearing, may grant a temporary disorderly conduct restraining order ordering the respondent to cease the disorderly conduct or contact with the protected individual. A temporary restraining order may be entered: Against the respondent named in the petition; and Without notice to the respondent. Unless otherwise terminated by the court, the temporary restraining order is in effect until an order issued under section 14-07.7-05 is served.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 14-07.7-06Temporary domestic violence protection orderIn force
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: Restraining the respondent from having contact with or committing acts of domestic violence on another individual. Excluding the respondent from the residence of another individual or from a place necessary to ensure the safety of the protected individual. Awarding temporary primary residential responsibility or establishing temporary parenting time with regard to minor children. 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.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 14-07.7-08Temporary sexual assault restraining orderIn force
If the petition for relief alleges reasonable grounds to believe an individual has committed sexual assault, the court, pending a full hearing, may grant a temporary sexual assault restraining order. A temporary restraining order may be entered only against the individual named in the petition. The order must include provisions prohibiting the individual from: Harassing, stalking, or threatening the protected individual; Appearing at the residence, school, and place of employment of the protected individual; and Contacting the protected individual.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 14-07.7-17Penalty for violation of a civil protection orderIn force
When a civil protection order is granted under this chapter and the respondent or individual to be restrained is served a copy of the order, the first violation of an order is a class A misdemeanor. A violation of a civil protection order also constitutes contempt of court. Following a conviction, a second or subsequent violation under this chapter is a class C felony.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 14-07.7-20Orders issued before January 1, 2026In force
An order issued under sections 12.1-31-01.2, 12.1-31.2-01, 14-07.1-02, 14-07.1-03, or 14-07.1-08 before January 1, 2026, remains in effect for the period indicated in the court order.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
§ 14-07.1-02Domestic violence protection orderRepealed
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at ndlegis.gov
Cited in 34 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Peters-Riemers v. Riemers (North Dakota Supreme Court 2001, 624 N.W.2d 83)“…rs’ petition for a domestic violence protection order under N.D.C.C. § 14-07.1-02. [¶ 6] When asked why he feared for h…”
- Sandbeck v. Rockwell (North Dakota Supreme Court 1994, 524 N.W.2d 846)“…was no valid waiver here. The majority claims that under N.D.C.C. § 14-07.1-02, “the procedure is a simplified motion…”
- Skadberg v. Skadberg (North Dakota Supreme Court 2002, 644 N.W.2d 873)“…ull hearing” for a domestic violence protection order under N.D.C.C. § 14-07.1-02 authorizes a district court “to hear th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Explore the law
This article also draws on these acts and chapters (opening at their first section): North Dakota Century Code § 14-07.1-01 (Definitions)
Related law for further reading — not part of this article’s citations.
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Sources and References
- NDCC Chapter 14-07.1 (Domestic Violence Protection Orders, through December 31, 2025)(ndlegis.gov).gov
- North Dakota Legislature: HB 1489 (2025), enacting Chapter 14-07.7 (effective January 1, 2026)(ndlegis.gov).gov
- North Dakota Courts: Civil Protection Orders(ndcourts.gov).gov
- NDCC Chapter 14-07.7, Civil Protection Orders (full chapter text, effective January 1, 2026)(ndlegis.gov)
- NDCC Chapter 14-07.1 (Domestic Violence), showing sections 14-07.1-02, -03, -05 and -06 repealed by S.L. 2025, ch. 145, section 17(ndlegis.gov)