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N.D. Cent. Code § 14-07.7-02

Petition for civil protection order

1. 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. A family or household member who commits an act of domestic violence; or b. An individual who has committed disorderly conduct or sexual assault.

2. The petition must identify which type of civil protection order is sought.

3. 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.

4. If the respondent is a minor, the parent or guardian must be notified of the petition and any subsequent order.

5. The petition must allege facts sufficient to show:

a. The name of the alleged victim;

b. The name of the respondent engaging in the alleged conduct; and c. The respondent engaged in the alleged conduct.

6. The petition must contain:

a. A declaration stating the specific facts and circumstances supporting the relief sought; and b. A statement listing each civil or criminal action involving both parties.

7. A petition may be against only one respondent. Dual protection orders in a single action are prohibited.

8. A petition may be brought under this chapter without regard to the commencement of an action for legal separation, annulment, divorce, or parenting rights and responsibilities.

9. A filing fee may not be charged for a civil protection order petition.

Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.