Prepare your documents for Order of Domestic Violence Protection Order North Dakota

Gather evidence to support your case, though your own testimony is also evidence and may be enough for the court to issue a protection order.

The following types of evidence may help support a North Dakota Domestic Violence Protection Order (DVPO) case:

Evidence Type 1: Pending Criminal Case
If there is an ongoing criminal case related to the domestic violence, let the court know. A pending criminal case may strengthen your request for a temporary protection order because it indicates that law enforcement or prosecutors believe the conduct can be proven.

Evidence Type 2: Photos of Injuries, Property Damage, or the Scene
Photos can help document physical injuries, damage to property, or the condition of the scene after an incident. Include them with your written description to provide the judge with a clearer understanding of what happened.

Evidence Type 3: Text Messages, Emails, Social Media Posts, or Voicemails
Print or save threatening, abusive, or harassing text messages, emails, social media posts, or voicemails. Courts generally prefer printed copies or PDF versions that can be attached to your filing.

Evidence Type 4: 911 Calls
If you called 911, include details such as:

• The number called (911)
• The date and time of the call
• Who made the call
• What was reported
• Any identifying details about the dispatcher, if remembered

Evidence Type 5: Medical Records
Provide records showing medical treatment related to the abuse, such as emergency room records, doctor's notes, photographs taken by medical staff, or health portal records.

Evidence Type 6: Police Reports
Attach copies of police reports documenting domestic violence incidents, threats, assaults, stalking, or other related conduct involving the respondent.

Evidence Type 7: Witness Statements or Affidavits
Statements from family members, friends, neighbors, coworkers, or other witnesses who saw or heard the abuse can support your case. Witnesses should describe specific incidents and what they personally observed.

After the screening, this website will guide you through the remaining steps to create your case documents.

For your information: To apply for a North Dakota Domestic Violence Protection Order (DVPO), you must complete and submit the required North Dakota court forms. These forms ask about your relationship to the respondent, the incidents of domestic violence, and the protection you are requesting.

The most important document is the Petition for a Domestic Violence Protection Order. In this petition, you explain what happened and why you need protection. The information you provide helps the judge decide whether to issue a temporary or final protection order.

Based on the information and evidence you provide, a judge in North Dakota may issue a Temporary Domestic Violence Protection Order (DVPO) shortly after you file your petition. This temporary, or ex parte, order is intended to provide immediate protection until a full court hearing can be held.

If the judge determines that additional review is needed or that the evidence does not support immediate relief, the court may wait until the hearing to decide whether to issue a protection order.

A judge may deny a request for a temporary DVPO if:

• There are no legal grounds for a Domestic Violence Protection Order.
• The petition is incomplete.
• The court lacks jurisdiction over the case.

Even if a temporary order is denied, the court may still schedule a hearing where both you and the respondent can present evidence and testimony. After the hearing, the judge will decide whether to issue a final Domestic Violence Protection Order.

After a Temporary Domestic Violence Protection Order (DVPO) is issued and served, the court will schedule a hearing. At the hearing, both you (the petitioner) and the respondent have the opportunity to attend, present evidence, call witnesses, and testify.

The judge will consider:

• Evidence presented by both parties
• Witness testimony
• Any additional incidents or relevant information since the petition was filed

If the judge finds that domestic violence occurred and that a protection order is warranted, the court may issue a Final Domestic Violence Protection Order.

The final order may:

• Remain in effect for the period ordered by the court, as permitted under North Dakota law, and
• Include protections the judge determines are appropriate based on the facts of the case.

If you (the petitioner) do not attend the hearing, your case may be dismissed. If the respondent does not attend after being properly served, the judge may proceed with the hearing and issue a final protection order based on the evidence presented.