Prepare your documents for Order of Sexual Assault Restraining Order North Dakota

Gather evidence to support your case, though your personal testimony alone is also considered evidence.

The following are considered as evidence in Sexual Assault Restraining Order (SARO) cases:

Evidence Type 1: Pending Criminal Case
Judges are more likely to issue a SARO if there is an ongoing criminal case. Be sure to point this out when seeking a temporary restraining order. When a judge sees that a criminal case exists, it signals that police or prosecutors believe the conduct can be proven.

Evidence Type 2: Photos of Incidents, Injuries, or Damage
Photos may show injuries, property damage, or threatening acts. It helps to include photos alongside incident descriptions to create a complete picture for the judge.

Evidence Type 3: Printouts of Messages, Emails, or Voicemails
Screenshots of harassing or threatening text messages, emails, or social media posts can be attached. You can also print emails and voicemails as PDF or image files. Courts usually prefer printouts over digital-only files.

Evidence Type 4: 911 Calls
Rather than just saying you called 911, strengthen your case by listing:

• The number dialed (e.g., 911 or crisis hotline)

• The date and time of the call

• Who made the call

• What was reported

• Any identifying details about the operator (e.g., male/female voice)

Evidence Type 5: Medical Records
Provide documentation of medical visits or treatment related to harm caused by the respondent’s conduct. These may include ER records, doctor’s notes, or online health portal printouts.

Evidence Type 6: Police Reports
Attach copies of police reports filed against the respondent that describe threats, assault, or harassment.

Evidence Type 7: Witness Testimony or Affidavits
Statements from family, neighbors, coworkers, or bystanders who saw or heard the conduct can strengthen your case. Witnesses should describe specific incidents in detail.

After the screening, this website will guide you through the rest of the steps to creating your case documents.

Just for your knowledge: To apply for a North Dakota Sexual Assault Restraining Order (SARO), you need to complete and submit the official North Dakota court forms. These forms ask about your relationship to the respondent, the incidents of sexual assault, and the type of protection you are requesting.

The most important form is the Petition for Sexual Assault Restraining Order. In this document, you explain to the court what happened and why you need protection. The petition gives the judge the information needed to decide whether to grant the order.

Based on the information and evidence you provide, a judge in North Dakota may issue a Temporary Sexual Assault Restraining Order (SARO) the same day you file your petition. This is sometimes called an ex parte order, and it is designed to provide immediate protection until a full court hearing can be held.

If the situation seems less urgent or there is limited supporting evidence, the judge may take more time to review your petition before deciding whether to issue a temporary order.

A judge may deny your request for a temporary SARO if:

• There are no legal grounds for a SARO

• The petition is incomplete

• The court lacks jurisdiction (for example, the respondent does not live in North Dakota and the assault did not happen in North Dakota)

Even if a temporary order is denied, the judge may still schedule a court hearing so that both you and the respondent can appear, present your sides of the case, and allow the judge to decide whether to issue a longer-term order.

After a Temporary Sexual Assault Restraining Order (SARO) is issued and served, the court will schedule a full hearing, usually within 14 to 21 days. At this hearing, both you (the petitioner) and the respondent may attend, present evidence, and give testimony.

The judge will review:

• Evidence from both sides

• Witness testimony

• Any new incidents since the temporary order was issued

If the judge finds enough proof of sexual assault and an ongoing need for protection, a Final Sexual Assault Restraining Order will be issued.

This final order may:

• Be valid for a set period (commonly up to two years), or

• Remain in effect indefinitely, depending on the case and the judge’s findings

If you (the petitioner) do not attend the hearing, your case may be dismissed. If the respondent does not attend, the judge may still issue the final order without their input.