North Dakota Restraining Order Laws (2026): How to Get a Civil Protection Order
North Dakota Restraining Order Laws (2026): How to Get a Civil Protection Order
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 four types of CPOs. An emergency temporary CPO can be issued the same day, and a final CPO lasts up to two years.
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 four distinct CPO types under a single framework.
The Domestic Violence Civil Protection Order requires a qualifying personal or family relationship between petitioner and respondent. The Sexual Assault Civil Protection Order and the Stalking Civil Protection Order require no relationship at all, meaning a victim of sexual assault or stalking by a stranger, neighbor, coworker, or acquaintance can seek civil protection. The Disorderly Conduct Civil Protection Order addresses harassment and threatening conduct that does not rise to the level of the other categories.
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 remains a separate mechanism handled through a different process and is distinct from the new CPO chapter.
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 and the Stalking CPO, no relationship with the respondent is required. Any victim of sexual assault or stalking in North Dakota can petition for one of these orders regardless of whether they know the respondent.
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 and explaining why you are in danger. The clerk presents your petition to a judge. If the judge finds there is immediate and present danger, the court issues an emergency temporary CPO the same day, without notifying the respondent first (ex parte). The court then sets a full hearing within 14 days so the respondent has an opportunity to respond.
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; full hearing within 14 days (extendable for good cause) |
| Final CPO (after hearing) | Up to 2 years under Chapter 14-07.7; renewable |
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. Under Chapter 14-07.7 (effective January 1, 2026), a final CPO now carries a maximum term of two years but is renewable. This change gives both parties clearer timelines while preserving the option to extend.
If the temporary CPO expires before you receive a final order (for example, due to a hearing continuance), ask the court to extend the temporary CPO, which the statute allows for good cause.
Firearms and a North Dakota protective order
North Dakota courts may order a respondent to surrender firearms to law enforcement as a condition of a CPO. The court's authority to include a firearms surrender provision is part of the relief available under Chapter 14-07.7, though North Dakota does not mandate firearms surrender by statute in every case the way some states do.
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) 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 Chapter 14-07.1 (current) and the comparable provision in Chapter 14-07.7. The penalty structure is:
- First violation: Class A misdemeanor, punishable by up to 1 year in jail and a fine up to $3,000.
- Second or subsequent violation: 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.
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- North Dakota Child Support Laws
- North Dakota Common Law Marriage Laws
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- North Dakota Divorce Laws
- North Dakota Dog Bite Laws
- North Dakota Emancipation Laws
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- North Dakota Hit and Run Laws
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Sources
- NDCC Chapter 14-07.1 (Domestic Violence Protection Orders, through December 31, 2025) - North Dakota Legislative Branch
- North Dakota Legislature: HB 1489 (2025), enacting Chapter 14-07.7 (effective January 1, 2026) - North Dakota Legislative Branch
- North Dakota Courts: Protection Orders - North Dakota Supreme Court
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.