2012 North Dakota Century Code Title 12.1 Criminal Code Chapter 12.1-31.2 Disorderly Conduct Restraining Order
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CHAPTER 12.1-31.2
DISORDERLY CONDUCT RESTRAINING ORDER
12.1-31.2-01. Disorderly conduct restraining order - Penalty.
1. "Disorderly conduct" means intrusive or unwanted acts, words, or gestures that are
intended to adversely affect the safety, security, or privacy of another person.
Disorderly conduct does not include constitutionally protected activity.
2. A person who is a victim of disorderly conduct or the parent or guardian of a minor who
is a victim of disorderly conduct may seek a disorderly conduct restraining order from
any court of competent jurisdiction in the manner provided in this section.
3. A petition for relief must allege facts sufficient to show the name of the alleged victim,
the name of the individual engaging in the disorderly conduct, and that the individual
engaged in disorderly conduct. An affidavit made under oath stating the specific facts
and circumstances supporting the relief sought must accompany the petition.
4. If the petition for relief alleges reasonable grounds to believe that an individual has
engaged in disorderly conduct, the court, pending a full hearing, may grant a
temporary disorderly conduct restraining order ordering the individual to cease or
avoid the disorderly conduct or to have no contact with the person requesting the
order. A temporary restraining order may be entered only against the individual named
in the petition. The court may issue the temporary restraining order without giving
notice to the respondent. Unless otherwise terminated by the court, the temporary
restraining order is in effect until a restraining order issued under subsection 5 is
served.
5. The court may grant a disorderly conduct restraining order ordering the respondent to
cease or avoid the disorderly conduct or to have no contact with the applicant if:
a. A person files a petition under subsection 3;
b. The sheriff serves the respondent with a copy of the temporary restraining order
issued under subsection 4 and with notice of the time and place of the hearing;
c. The court sets a hearing for not later than fourteen days after issuance of the
temporary restraining order unless the time period is extended upon written
consent of the parties, or upon a showing that the respondent has not been
served with a copy of the temporary restraining order despite the exercise of due
diligence; and
d. The court finds after the hearing that there are reasonable grounds to believe that
the respondent has engaged in disorderly conduct. If a person claims to have
been engaged in a 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.
6. A restraining order may be issued only against the individual named in the petition.
Relief granted by the restraining order may not exceed a period of two years. The
restraining order may be served on the respondent by publication pursuant to rule 4 of
the North Dakota Rules of Civil Procedure.
7. A disorderly conduct restraining order must contain a conspicuous notice to the
respondent providing:
a. The specific conduct that constitutes a violation of the order;
b. Notice that violation of the restraining order is punishable by imprisonment of up
to one year or a fine of up to two thousand dollars or both; and
c. Notice that a peace officer may arrest the respondent without a warrant and take
the respondent into custody if the peace officer has probable cause to believe the
respondent has violated an order issued under this section.
8. If the respondent knows of an order issued under subsection 4 or 5, violation of the
order is a class A misdemeanor. If the existence of an order issued under subsection 3
or 4 can be verified by a peace officer, the officer, without a warrant, may arrest and
take into custody an individual whom the peace officer has probable cause to believe
has violated the order.
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The clerk of court shall transmit a copy of a restraining order by the close of the
business day on which the order was granted to the local law enforcement agency with
jurisdiction over the residence of the alleged victim of disorderly conduct. Each
appropriate law enforcement agency may make available to its officers current
information as to the existence and status of any restraining order involving disorderly
conduct.
Notwithstanding subsection 5 of section 11-16-05, a state's attorney may advise and
assist any person in the preparation of documents necessary to secure a restraining
order under this section.
Fees for filing and service of process may not be charged to the petitioner in any
proceeding seeking relief due to domestic violence under this chapter.
12.1-31.2-02. Order prohibiting contact.
1. If an individual who is charged with or arrested for a crime of violence or threat of
violence, stalking, harassment, or a sex offense is released from custody before
arraignment or trial, the court authorizing the release of the individual shall consider
and may issue, if there is no outstanding restraining or protection order prohibiting the
individual from having contact with the victim, an order prohibiting the individual from
having contact with the victim. The order must contain the court's directives and must
inform the individual that any violation of the order constitutes a criminal offense. The
state's attorney shall provide a copy of the order to the victim. The court shall
determine at the time of the individual's arraignment whether an order issued pursuant
to this section will be extended. If the court issues an order pursuant to this section
before the time the individual is charged, the order expires at the individual's
arraignment or within seventy-two hours of issuance if charges against the individual
are not filed.
2. If the court has probable cause to believe that the individual charged or arrested is
likely to use, display, or threaten to use a firearm or dangerous weapon as defined in
section 12.1-01-04 in any further act of violence, the court shall require that the
individual surrender for safekeeping any firearm or specified dangerous weapon in or
subject to the individual's immediate possession or control, to the sheriff of the county
or chief of police of the city in which the individual resides.
3. Whenever an order prohibiting contact is issued, modified, extended, or terminated
under this section, the clerk of court shall forward a copy of the order within one
business day to the appropriate law enforcement agency specified in the order. Upon
receipt of the copy of the order, the law enforcement agency shall enter the order for
one year or until the date of expiration specified by the order into any information
system available in the state that is used by law enforcement agencies to list
outstanding warrants. The order is enforceable in any jurisdiction in this state.
4. An individual who violates a court order issued under this section is guilty of a class A
misdemeanor.
5. A law enforcement officer shall arrest an individual without a warrant if the officer
determines there is probable cause that the individual has committed the offense of
violating an order prohibiting contact under this section, whether or not the violation
was committed in the presence of the officer. A law enforcement officer who acts in
good faith on probable cause and without malice is immune from any civil or criminal
liability for making an arrest under this subsection.
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