HOUSE BILL 1489 AND N. D. C. C. CH. 14-07.7: CONSOLIDATION OF CIVIL PROTECTION ORDERS
HOUSE BILL 1489 AND N. D. C. C. CH. 14-07.7: CONSOLIDATION OF CIVIL PROTECTION ORDERS
ANDY FORWARD Attorney at Law
There are three types of restraining / protection orders in North Dakota: disorderly conduct restraining orders, domestic violence protection orders, and sexual assault restraining orders. Before Jan. 1, these orders were located in different parts of the North Dakota Century Code. Disorderly conduct restraining orders were found in N. D. C. C. ch. 12.1-31.2. Domestic violence protection orders were found in N. D. C. C. ch. 14-07.1. Sexual assault restraining orders were found in N. D. C. C. ch. 12.1-31.
Last spring, the 69th Legislative Assembly passed House Bill 1489, which became effective on Jan. 1. The bill consolidated the three restraining / protection orders into a new chapter on civil protection orders, N. D. C. C. ch. 14-07.7. Many of the sections in Chapter 14-07.7 were taken from the former restraining / protection order statutes.
Sections 14-07.7-01 and 14-07.7-02 contain definitions and explain the civil protection order petition requirements. The definition of“ civil protection order” states it encompasses all three types of restraining / protection orders. An advantage of having all three orders grouped together is the same petition can be used for all of the orders. An attorney or individual filing a petition for a civil
28 THE GAVEL protection order will not be charged a filing fee.
The specifics of each civil protection order are in sections 14-07.7-05( disorderly conduct), 14-07.7-07( domestic violence), and 14-07.7- 09( sexual assault). A temporary order may be issued without notice if the petition alleges reasonable grounds that a respondent engaged in the prohibited conduct.
If a protection order is issued, section 14-07.7- 03 requires the order to contain a conspicuous notice to the respondent explaining the specific conduct that constitutes a violation, the penalties, and law enforcement may arrest the respondent without a warrant if there is probable cause to believe the respondent violated the order. Section 14-07.7-03 also includes confidentiality provisions relating to protection orders. The name of a protected individual is confidential and must be redacted from a publicly accessible record. A record that may reveal the protected individual’ s identity or location in a case involving domestic violence or sexual assault is confidential. A hearing on a petition for a domestic violence protection order or a sexual assault restraining order is closed to the public. In addition to the requirements of section 14-07.7-03, section 14-07.7-11 requires notification of the stalking law to be included in a protection order.
Other relevant sections of Chapter 14-07.7 include:
• Section 14-07.7-10 allows a victim witness coordinator, state’ s attorney staff member, or a domestic violence sexual assault advocate to assist an individual with document preparation.
• Section 14-07.7-12 states the petitioner may not be charged a service fee.
• Section 14-07.7-14 allows for the appointment of a guardian ad litem to represent a minor if a party or the court has reason for special concern for the immediate future of the minor.
• Section 14-07.7-16 requires a civil protection order be transmitted to the bureau of criminal investigation when an order is issued, extended, modified, or terminated for inclusion in the national crime information center database provided by the FBI.
• Section 14-07.7-17 provides the penalties for violating a protection order. A violation of an order is a class A misdemeanor and constitutes contempt of court. After a conviction, a second or subsequent violation is a C felony.
• Section 14-07.7-19 allows the court to order a law enforcement to assist in execution of a protection order.
• Section 14-07.7-20 states an order issued under the former restraining / protection order statutes remains in effect as provided in the order.
Recent rule amendments approved by the Supreme Court
The following North Dakota Supreme Court Administrative Rules were amended effective December 1, 2025.
Rule 41 – Access to Court Records Section( 4)( a)( 1) of the rule was amended to change an internal cross reference.
Rule 41.1 – Open Meetings Section( 3)( b) of the rule was amended to add a definition of“ quorum.” The rule defines“ quorum” as“ one-half or more of the members of a committee or workgroup, or any smaller number if sufficient for a committee or workgroup to transact business.”
The rules are available on the North Dakota Supreme Court website, www. ndcourts. gov.