Cost or Filing Fee for Disorderly Conduct Restraining Order in North Dakota.

Overview

In North Dakota, the state’s public policy is clear: access to protection should never depend on ability to pay. Individuals seeking a Disorderly Conduct Restraining Order (DCRO) can file their petitions without paying any filing fees, service charges, or court costs. This fee waiver is codified in administrative court policy and reinforced by the North Dakota Supreme Court’s commitment to ensuring equal access to justice for victims of harassment and stalking.

A DCRO, authorized under North Dakota Century Code § 12.1-31.2-01, allows any person who has been subjected to intrusive or unwanted acts, words, or gestures intended to adversely affect their safety, security, or privacy to request judicial protection. The process begins with filing a petition, and unlike many other civil actions, petitioners are exempt from paying standard filing fees. The courts treat restraining orders as emergency civil matters with direct implications for public safety rather than disputes for financial gain.

If the case involves law enforcement serving the respondent, those costs are also covered by the state. The North Dakota judiciary explicitly directs clerks not to reject or delay a petition for lack of payment. Even when certified copies or additional paperwork are requested, most clerks waive or minimize those fees if the petitioner identifies the filing as related to a protective order. This makes the process both financially and procedurally accessible.

The absence of filing fees reflects North Dakota’s understanding that harassment victims may already face economic vulnerability — job loss, housing insecurity, or fear of retaliation. Removing cost barriers ensures that every resident, regardless of income or location, can seek protection from the courts. This principle is consistent with federal guidance under the Violence Against Women Act (VAWA), which prohibits states receiving VAWA funding from charging fees for protection orders or related services.

While petitioners incur no direct cost, there may be optional minor expenses — such as requesting additional certified copies (typically $2–$5 each), or using a private process server if preferred over sheriff service. However, these are voluntary. For most petitioners, the entire process — from filing to final hearing — involves zero financial cost. The judiciary’s self-help resources and clerks’ offices are designed to support unrepresented litigants in preparing and submitting these forms efficiently.

In summary, seeking a DCRO in North Dakota does not require any financial payment. The state intentionally keeps the process barrier-free, recognizing that safety and dignity are fundamental rights. The following sections explain who can apply, the broader benefits of this policy, and a detailed step-by-step outline of how to file without paying a fee.

Who Can Apply

Any person in North Dakota who experiences harassment, stalking, intimidation, or unwanted contact from another individual — regardless of their relationship to that person — can apply for a Disorderly Conduct Restraining Order (DCRO). Unlike a Domestic Violence Protection Order (DVPO), which requires a domestic or familial connection, a DCRO applies to all other relationships, including neighbors, coworkers, classmates, landlords, tenants, acquaintances, or even strangers.

Under N.D.C.C. § 12.1-31.2-01, the petitioner must show that the respondent engaged in intrusive or unwanted behavior intended to affect their safety, security, or privacy. This could include repeated phone calls, online harassment, following, verbal abuse, or threatening gestures. The law also allows parents, guardians, or legal custodians to file on behalf of minors who are victims of harassment or stalking.

The eligibility requirements are intentionally broad to ensure universal protection. The state does not impose income thresholds, residency conditions, or citizenship prerequisites. Any person physically present in North Dakota who faces unwanted conduct can access this remedy. Even tourists or temporary residents who experience harassment within the state may apply.

Importantly, no attorney is required. Petitioners may file on their own, and the courts are obligated to assist by providing the proper forms and instructions. Legal aid organizations such as Legal Services of North Dakota and the North Dakota Self Help Center offer free guidance and form preparation assistance.

The court will not reject an application because of inability to pay. Clerks are trained to treat these filings as exempt from normal civil costs. If a petitioner mistakenly pays a fee, the court can issue a refund. Moreover, filing on behalf of another — such as a child or dependent adult — does not create additional costs; the same exemption applies universally.

In effect, eligibility for a DCRO is based solely on conduct, not status or income. Anyone subjected to repeated, deliberate harassment may seek judicial protection, regardless of whether they can afford to hire an attorney or pay filing fees. This principle ensures the process remains equitable and accessible statewide.

Benefits

The elimination of filing fees for a DCRO in North Dakota provides tangible and psychological benefits that extend far beyond financial relief. It communicates a clear public message: safety and justice are not privileges for the wealthy but fundamental rights guaranteed to all residents.

1. Financial Accessibility: Removing costs ensures that victims of harassment can seek help immediately without worrying about expenses. Many petitioners come from vulnerable situations — recent job loss, domestic displacement, or intimidation — and might otherwise hesitate to seek relief if fees existed. By removing cost barriers, North Dakota eliminates one of the most significant deterrents to early intervention.

2. Equal Justice: The uniform fee waiver means the same protection applies in every county, regardless of socioeconomic status. This consistency reinforces fairness and prevents the justice gap often seen in other civil proceedings where filing costs vary by region.

3. Faster Response Time: Because no payment verification or fee processing occurs, petitions are filed and reviewed more quickly. Courts can issue temporary orders on the same day, offering immediate relief for victims in danger.

4. Encouragement of Self-Representation: Since the process incurs no cost, petitioners can file independently without the need for paid legal counsel. This reduces dependency on representation and empowers individuals to advocate for themselves effectively using standardized forms and instructions.

5. Broader Community Safety: When more individuals are able to report harassment early, communities benefit collectively. Free access to DCROs discourages perpetrators by demonstrating swift legal accountability and raises community awareness of personal boundaries and consequences for unwanted conduct.

6. Compliance with Federal Standards: By waiving fees, North Dakota complies with VAWA Section 40002(b)(2), which prohibits states from imposing fees for filing, serving, or enforcing protective orders. This alignment ensures the state remains eligible for federal funding while protecting victims’ rights.

Overall, the no-cost structure of the DCRO process strengthens both individual and systemic protection. It transforms the court system from a procedural gatekeeper into an open, responsive resource for every resident seeking safety from harassment.

Step 1: Learning About the Fee Waiver and Statutory Authority

Before filing, petitioners should understand the legal framework that makes DCROs cost-free. The North Dakota Century Code does not explicitly list a fee for restraining orders because the state categorizes them as public-safety civil proceedings. The North Dakota Supreme Court’s administrative policy instructs district courts to waive fees for petitions seeking personal protection orders, aligning with federal law and the Violence Against Women Act (VAWA).

Historically, court filings required minor fees for clerical processing, typically ranging between $80 and $125. However, starting in the early 2000s, North Dakota revised its judiciary funding policy, eliminating all such costs for safety-related cases. The reasoning was straightforward: victims of harassment or stalking should not have to weigh personal safety against financial burden. As a result, clerks are legally prohibited from collecting or demanding payment in connection with a DCRO petition.

This waiver applies to all stages of the process — initial filing, temporary order issuance, sheriff service, and final hearing. Petitioners do not have to fill out a separate fee-waiver form; the exemption is automatic. Even if a petitioner mistakenly submits payment, clerks can void or refund it upon verification that the case involves a restraining order. The waiver also extends to associated motions, such as requests for modification or renewal of an existing DCRO.

Importantly, this protection extends statewide, including rural counties that operate under limited administrative budgets. The North Dakota judiciary centrally funds clerical operations to ensure no county adopts local fees. This uniformity means that petitioners in Fargo, Grand Forks, or a small county like Divide receive identical financial treatment.

Understanding the statutory foundation helps petitioners confidently assert their rights at the clerk’s counter. If a clerk or deputy mistakenly requests payment, the petitioner can respectfully reference N.D.C.C. § 12.1-31.2-01 and the judiciary’s administrative fee waiver for protective orders. Advocates and legal-aid volunteers often provide printed copies of this rule to ensure clarity during filing.

By grasping the legal guarantee of free filing, petitioners begin their case empowered. They know that justice in North Dakota is structured not around who can pay, but around who needs protection. The fee waiver thus represents not only a financial policy but a moral and constitutional statement about equal access to the courts.

Step 2: Preparing the Petition Without Paying a Filing Fee

After understanding that filing a Disorderly Conduct Restraining Order (DCRO) carries no cost, the next step is preparing the petition and affidavit accurately. The petitioner must complete a standardized form provided by the North Dakota Court System Self-Help Center. The form is designed for self-represented individuals and requires detailed factual statements about the unwanted conduct, including specific dates, locations, and a description of how the respondent’s actions threatened safety or privacy.

The affidavit portion is crucial. It must describe acts that amount to intrusive or unwanted behavior with intent to affect the petitioner’s peace, security, or safety. Courts require at least one identifiable incident, though repeated conduct strengthens the case. Examples include following the petitioner, excessive phone calls, threatening gestures, social media harassment, or uninvited visits. The affidavit should also mention any prior police reports or warnings issued to the respondent.

Petitioners should avoid emotional generalizations and focus on verifiable facts. Judges rely heavily on clarity — short, precise descriptions such as “Respondent sent 15 text messages between June 3 and June 5 after I asked them to stop” are far more effective than vague statements like “He constantly bothers me.” Supporting materials, such as screenshots or photos, can be attached directly to the petition as exhibits. These strengthen credibility and may eliminate the need for additional testimony at the hearing.

Because the process is free, petitioners do not need to submit a “fee waiver request” or financial affidavit. The exemption is automatic. However, if clerical staff are uncertain, the petitioner can politely state that DCRO filings are statutorily exempt from fees and that the case falls under N.D.C.C. § 12.1-31.2-01. Advocates or victim service offices within county courthouses often accompany petitioners to ensure smooth submission. They may also provide templates for affidavits to ensure consistency with judicial expectations.

Once completed, the petitioner signs the affidavit under penalty of perjury before a notary public or court clerk. Most clerks in North Dakota provide free notary service for protection order filings. Petitioners should bring a valid ID and sign the document in the clerk’s presence. The notary stamp makes the affidavit legally binding, confirming that statements are truthful and voluntarily provided.

Before filing, review the petition carefully. Check all sections — petitioner and respondent details, incident descriptions, requested relief, and contact restrictions. Many petitioners request additional protections, such as prohibiting contact through third parties, requiring the respondent to stay away from specific addresses, or banning online messages. These boxes should be checked clearly on the form to avoid ambiguity.

Finally, make two copies of the completed petition: one for your records and one for law enforcement. The clerk will retain the original for the court file. Because the process involves no cost, petitioners can file as many copies as necessary for safety coordination (e.g., schools, workplaces, landlords). The state’s commitment to fee-free filing ensures that practical safety planning is never limited by affordability. This combination of clarity, accuracy, and cost elimination forms the foundation of a successful DCRO petition.

Step 3: Filing and Immediate Judicial Review Without Fees

Once the petition and affidavit are complete, the petitioner takes them to the clerk of court in the county where either party resides or where the harassment occurred. North Dakota district courts have statewide jurisdiction, so filing location is flexible. At the filing window, the petitioner simply informs the clerk that they are submitting a “Disorderly Conduct Restraining Order petition.” No payment is required — clerks are prohibited from collecting fees in these matters. This immediate fee waiver ensures that a petitioner can file even without any money or identification of income source.

After filing, the clerk logs the case into the judicial information system (Odyssey) and forwards it directly to a district judge for review. Because DCROs are considered emergency civil matters, judges prioritize them over most other filings. In many counties, the reviewing judge will issue a decision on a temporary order the same day, sometimes within a few hours. The lack of payment processing or receipt issuance significantly reduces delays.

If the judge determines that the petitioner’s affidavit establishes reasonable grounds — meaning credible evidence of harassment or unwanted contact — they will issue a temporary (ex parte) order. This temporary order remains active until the full hearing, typically scheduled within 14 days. The clerk provides certified copies of this order to both the petitioner and the sheriff’s office for service on the respondent. Again, there are no service fees; sheriff departments are instructed to handle DCRO deliveries without cost to victims.

Petitioners should confirm with the clerk that they have received at least two certified copies of the temporary order — one to carry and one for safekeeping. If more copies are needed for safety reasons, the court may provide them at no charge. Each certified copy bears the court seal, making it immediately enforceable by police across North Dakota. The state’s electronic Protection Order Repository also updates automatically once the judge signs the order, ensuring every law enforcement agency can verify its existence.

If the judge denies the temporary order, the petitioner still receives a notice of hearing, ensuring the case proceeds to judicial review. No fees are incurred regardless of outcome. Petitioners can present additional evidence or testimony at that later stage. This transparency is part of the state’s principle that safety concerns should never be conditioned on finances or immediate proof. The free filing structure ensures that even marginal or emerging cases — where harassment is beginning but not yet severe — can reach judicial attention early.

By removing monetary thresholds, North Dakota promotes proactive safety intervention rather than reactive crisis management. Each filing — whether granted or denied — educates both petitioner and court about potential risks. That procedural access, guaranteed by zero cost, strengthens both public safety and judicial fairness across the state’s counties.

Step 4: Service of Process Without Cost

After a temporary order is issued, the respondent must be formally notified — this is known as service of process. In North Dakota, petitioners are not responsible for serving documents or paying for this service. The clerk automatically transmits the order to the sheriff’s department in the respondent’s county for personal delivery. This ensures professional handling, confidentiality, and legal validity. The state’s administrative rules specifically exempt service costs for protective orders, placing the responsibility entirely on law enforcement agencies.

The sheriff’s deputy or designee delivers copies of the petition, affidavit, and temporary order directly to the respondent. Once served, a proof-of-service form is completed and returned to the court for filing. Petitioners should confirm with the clerk that this return has been logged; without it, the hearing cannot proceed. The petitioner does not have to appear or pay for any aspect of this step.

If the respondent cannot be located after reasonable attempts, the sheriff must file an affidavit of non-service. The court may then permit alternate service by publication or certified mail, again at no cost to the petitioner. The waiver extends even to these alternate methods because they are part of the enforcement process, not discretionary actions. The petitioner’s financial situation never affects how or whether the respondent is served.

Law enforcement treats these cases with urgency because a valid DCRO — even temporary — carries criminal consequences for violations. Deputies prioritize delivery within 24 to 48 hours. In rural counties, coordination between sheriff’s departments may be required, but communication is streamlined through the Protection Order Repository. Petitioners can call the sheriff’s civil division for updates without worrying about billing or service charges.

The fee waiver at this stage has deep policy significance: it ensures that victims do not face gaps in enforcement due to unpaid service fees. In some jurisdictions outside North Dakota, protective orders can be delayed or dismissed if payment is not received; North Dakota explicitly forbids this. By centralizing cost responsibility with public agencies, the state transforms what could be a transactional process into a public safety duty.

Once service is confirmed, the respondent becomes legally bound by the order’s restrictions. Any violation — even before the final hearing — constitutes a Class A misdemeanor. The petitioner, having paid nothing and navigated the process without delay, now holds a fully enforceable protective order backed by both civil and criminal law. This system of free access, prompt service, and automatic enforcement demonstrates North Dakota’s holistic approach to making personal safety both attainable and sustainable.

Step 5: Attending the Hearing and Understanding No-Cost Representation

The hearing is the centerpiece of the DCRO process. It gives both parties—the petitioner and respondent—an opportunity to speak before the judge decides whether to issue a long-term order. In North Dakota, the petitioner never has to pay to attend, reschedule, or participate in this hearing. The state’s no-fee policy covers every stage, from initial filing to final adjudication. If you appear without a lawyer, the court ensures you receive clear procedural guidance without penalizing you for self-representation.

On the day of the hearing, arrive early—ideally thirty minutes before your scheduled time. Bring your filed petition, affidavit, temporary order, and any evidence such as photos, text messages, or witness statements. Dress respectfully and address the judge as “Your Honor.” The judge will first confirm both parties’ presence and then outline how the hearing will proceed. You may be asked to testify under oath about the harassment or unwanted behavior described in your petition. Speak calmly, clearly, and truthfully, sticking to facts rather than emotions.

If you feel unsafe being in the same room as the respondent, inform the clerk or bailiff before the hearing begins. North Dakota courts can accommodate special arrangements, such as separate waiting areas, virtual appearances, or security escorts. These services are provided free of charge because protective order cases are classified as priority safety hearings. Victim advocates from community organizations are often present to offer moral support or help clarify paperwork, also at no cost.

During the hearing, you may be asked to identify the respondent and recount key events: when the harassment began, how often it occurred, and how it affected your safety or peace of mind. Use your documentation to substantiate claims. For instance, if you received multiple threatening messages, organize them chronologically and explain their impact on your sense of security. Judges prefer concise, chronological storytelling anchored by tangible evidence. If witnesses accompany you, they will also testify briefly about what they observed.

The respondent will then have a chance to respond. Do not interrupt; take notes and wait for your turn to clarify. Many respondents argue that their conduct was misunderstood or unintentional. If that happens, calmly highlight repeated behavior, escalation, or prior warnings you issued. Judges in North Dakota place great weight on patterns of behavior and the petitioner’s reasonableness in seeking relief. They also consider whether the conduct is constitutionally protected—such as free speech—before issuing an order.

After both sides speak, the judge will announce whether a final DCRO is granted. If granted, the judge may sign the order immediately and direct the clerk to issue certified copies. Remember, you owe nothing for these documents or for enforcement. If denied, the decision will include reasons (e.g., insufficient evidence or lack of jurisdiction). You can refile later if new incidents occur. This no-cost framework ensures that even an initial denial does not deter victims from pursuing future relief.

At the conclusion, request additional certified copies for schools, workplaces, or law enforcement agencies. The clerk will provide them free of charge. The same protection applies if you later need certified transcripts or copies for appeal; most DCRO-related costs remain waived. North Dakota’s courts interpret the law broadly to guarantee that cost never obstructs protection or justice. Thus, attending and concluding your hearing carries no financial risk—only the opportunity for protection and closure.

Step 6: Receiving the Final Order and Confirming Enforcement at No Cost

If the judge grants your petition, you will receive a Final Disorderly Conduct Restraining Order, valid for up to two years under N.D.C.C. § 12.1-31.2-01. This document specifies the restrictions imposed on the respondent—no contact in person, by phone, text, email, or social media; no indirect contact through third parties; and mandatory stay-away distances from your home, workplace, or school. Obtaining, enforcing, and maintaining this order costs you nothing. The North Dakota judiciary bears all administrative expenses associated with DCRO enforcement.

The clerk files the signed order into the statewide Protection Order Repository, which law enforcement uses to verify active orders in real time. The respondent is legally bound once served, and any violation constitutes a Class A misdemeanor. You should receive certified copies immediately—these are free and serve as your legal proof of protection. Keep one copy with you at all times and distribute others to relevant authorities such as your employer, building manager, or campus security.

If the respondent violates the order, call law enforcement immediately. Police officers can arrest the respondent without a warrant if they have probable cause to believe the DCRO has been breached. There is no fee for enforcement or for requesting police assistance. Violations are handled as criminal matters, with prosecution managed by the state’s attorney’s office, not the petitioner. You are not required to hire a lawyer or pay for representation at this stage—the state assumes responsibility for prosecution.

Should you need to modify the order (for example, adding new addresses or clarifying restrictions), you can file a motion to modify at no cost. Similarly, if you wish to renew the order before expiration, that process is also free. The fee waiver covers the entire lifecycle of the case, including post-judgment filings. This ensures that the protection remains active and adaptive to changing circumstances without creating financial strain.

The order’s expiration date is printed clearly, usually two years from the issuance date. If continued protection is necessary, file a renewal motion at least thirty days before expiration. The court will review updated evidence or testimony and decide whether to extend the order. Again, no filing or service fees apply. Petitioners may continue to receive assistance from victim advocates for these renewals free of charge.

Importantly, there is no charge to obtain copies of law enforcement reports or to provide additional documentation for court review. The North Dakota legal system considers the entire DCRO process—from filing to enforcement—a matter of public interest rather than private litigation. This means the state absorbs costs to maintain the integrity and accessibility of the protective process. By ensuring zero costs, the system keeps focus on safety, compliance, and accountability rather than financial burden.

Once you receive the final order, consider informing close contacts or family members about its terms so they can help monitor compliance. While there is no cost for enforcement, the greatest value comes from awareness and vigilance. Your order is a living document backed by criminal law, made fully accessible to you without payment or procedural obstruction.

Step 7: Post-Judgment Actions and Renewals Without Financial Burden

After your DCRO is granted, you may eventually need to renew, modify, or terminate it depending on your circumstances. North Dakota’s judicial framework ensures that none of these post-judgment steps involve costs to the petitioner. The policy of zero fees extends beyond filing and hearing—it includes motions to renew, motions to modify, and even enforcement actions for violations. This makes the DCRO process one of the most financially accessible legal remedies available in the state.

If your order is nearing expiration but you still feel unsafe, file a motion to renew about thirty to sixty days before it lapses. Use the same forms available through the North Dakota Self Help Center, clearly identifying the original case number. In your affidavit, describe any new incidents, ongoing fears, or contact attempts that justify continued protection. There is no fee for this motion. Once filed, the court will set a short hearing to determine whether renewal is warranted. Typically, renewed orders last another two years.

If circumstances change—say, the respondent moves away or the risk diminishes—you can also request early termination without cost. The same applies if you need to modify the order to include new addresses, workplaces, or modes of contact (such as emerging social media platforms). The clerk will process these motions free of charge, and the court will issue amended orders at no additional expense. This flexibility ensures the DCRO remains both practical and current.

In the event of a violation, you can file a motion for contempt or report directly to law enforcement. Both options are cost-free. Contempt proceedings are civil but can result in fines or jail time for the respondent. Because these cases are safety-related, the petitioner is never asked to pay for subpoenas, process service, or certified court records. Law enforcement, clerks, and prosecutors coordinate enforcement without billing victims.

For those who relocate out of state, the federal Violence Against Women Act (VAWA) guarantees that your North Dakota DCRO remains valid nationwide. You do not need to pay to register it elsewhere, though local police may request a certified copy—which the North Dakota clerk provides for free. If you move, update your contact information with the court so that renewal notices or modification hearings reach you on time.

North Dakota’s no-cost renewal policy serves two goals: it encourages victims to maintain ongoing safety without hesitation, and it prevents financial fatigue that might lead to lapses in protection. The result is a system where security does not expire due to money but continues based on need and risk. That principle—safety over cost—is the foundation of the state’s entire DCRO structure and a model of access-to-justice reform for protective orders nationwide.

Step 8: Understanding Enforcement and Police Involvement at No Cost

Once a Disorderly Conduct Restraining Order (DCRO) is granted, enforcement begins immediately, and petitioners are not responsible for any costs associated with that enforcement. The North Dakota judicial and law enforcement systems are designed to ensure that every protective order is implemented and monitored without financial burden on the victim. This includes entry into state databases, notification to police, and execution of any arrest if the respondent violates the order.

The North Dakota Protection Order Repository automatically logs your final order as soon as the judge signs it. Every police officer, sheriff’s deputy, and dispatcher in the state can access it through the statewide law enforcement network. This ensures instant verification if you call 911 to report a violation. You do not pay any fee for registration, verification, or police response. Law enforcement agencies are statutorily required to treat violations of DCROs as criminal matters, not civil disputes.

If the respondent contacts you, appears at a restricted location, or sends messages in violation of the order, you should immediately contact local police. Provide your name, case number, and a copy of your order if possible. Officers have the authority to make a warrantless arrest when they have probable cause to believe the order was violated. North Dakota law classifies this as a Class A misdemeanor, punishable by up to one year in jail, a $3,000 fine, or both. You will not pay for police reports, arrest paperwork, or court attendance. These costs are absorbed by the state.

In rural areas, enforcement is equally rigorous. Even if you live outside a major city, deputies receive real-time access to active DCROs through the repository, allowing prompt response to reports. The sheriff’s office handles follow-up documentation and files proof of enforcement directly with the court. Petitioners do not receive bills or fee assessments for these services.

Sometimes a respondent may violate the order through indirect means—asking friends to contact you, posting about you on social media, or leaving messages through mutual acquaintances. Such actions still constitute violations if they breach the spirit of the order. Law enforcement officers in North Dakota are trained to recognize and document these behaviors. If you report them, officers will prepare an incident report and forward it to the state’s attorney’s office for prosecution. Again, you incur no costs for this process, subpoenas, or attendance at court hearings.

You can also request assistance from victim advocates affiliated with local domestic violence or community safety programs. They can accompany you to court, help document violations, and communicate with law enforcement—all free of charge. If additional security measures are needed at your workplace or residence, the advocate can coordinate with local police departments to increase patrols or conduct safety assessments, also without cost.

The free enforcement system transforms the DCRO from a mere piece of paper into a living safety mechanism. It ensures that protection does not depend on wealth or geography. By removing every possible financial barrier, North Dakota guarantees that every petitioner—urban or rural, affluent or low-income—has access to the same responsive enforcement infrastructure statewide.

Step 9: Renewing, Modifying, or Terminating Your Order

When your DCRO is nearing expiration or circumstances change, you have the right to renew, modify, or terminate the order without any financial cost. North Dakota’s commitment to accessibility means that all post-judgment filings related to protective orders are exempt from fees. Whether you seek an extension of protection, clarification of terms, or early termination, the clerk will process your request free of charge.

To renew your order, file a Motion to Renew at least 30 days before the expiration date. This form is available online through the North Dakota Self-Help Center. You must briefly explain why continued protection is necessary and provide any evidence of ongoing harassment or contact attempts. You do not need a new filing fee or to pay for service. The court will review your motion, schedule a hearing, and issue an extension if warranted. Most renewals are granted for another two years if the risk persists.

Modifications follow a similar process. If you have changed residences, workplaces, or need to adjust distance requirements, you can file a Motion to Modify. These motions are vital in keeping the order current with your daily life. Again, there are no court fees, service charges, or certification costs. You will receive new copies of the modified order for your records and for law enforcement enforcement systems.

If you and the respondent both agree that the order is no longer necessary, you may file a Joint Motion to Terminate. The court will review your motion to ensure that ending the order does not endanger your safety. Termination hearings are short, and there is no cost for filing or attending. Once approved, the clerk updates the Protection Order Repository to remove the active record.

For individuals relocating out of state, North Dakota law aligns with federal VAWA provisions that extend DCRO protection nationwide. You may voluntarily register your order in your new state, but you do not need to pay for authentication or certification. Clerks will provide certified copies at no cost for registration or travel purposes.

The ease of renewal and modification ensures that safety remains continuous rather than temporary. Victims can adapt their orders to evolving risks or locations without worrying about affordability. This also promotes compliance by respondents, who know that the court actively enforces and updates orders. North Dakota’s approach effectively turns the DCRO process into a dynamic, low-friction safety system that prioritizes ongoing well-being over bureaucratic or financial hurdles.

Step 10: Maintaining Records and Accessing Long-Term Support

After the DCRO process concludes, it is essential to maintain organized records of all documents and related correspondence. Creating a personal archive ensures that if the respondent reoffends or you move to another state, you can quickly re-establish your protection without starting from scratch. Fortunately, there are no fees associated with obtaining certified copies or accessing your case file for personal use in North Dakota.

Keep a binder or digital folder labeled with your case number and county. Include your petition, affidavit, temporary and final orders, renewal documents, police incident reports, and any motions filed. Request a free certified copy from the clerk’s office for your long-term records. These copies remain valid indefinitely and can be used if the order needs to be reactivated or referenced in another jurisdiction.

If the respondent violates the order again after its expiration, you can refile a new petition without penalty. The state’s fee waiver remains in place for every new DCRO filing. You may also reference the previous case number to help the court understand the pattern of conduct. In these cases, prior violations and enforcement records often strengthen your new petition.

Petitioners can also seek free assistance through North Dakota’s network of advocacy organizations, such as CAWS North Dakota and Self-Help Legal Resources. These groups provide ongoing guidance about renewal strategies, digital safety, relocation precautions, and mental health support for victims of harassment. All these services are offered at no cost to DCRO petitioners.

Beyond the formal court process, North Dakota encourages petitioners to review their privacy protections periodically. Change passwords, restrict social media visibility, and enroll in any available Address Confidentiality Programs if relocation is necessary. These security measures are free and offered through the Secretary of State’s office.

In essence, Step 10 focuses on sustaining safety after the legal process ends. By maintaining records, staying connected with advocacy resources, and understanding your right to refile without cost, you ensure that your protection is durable and adaptable. North Dakota’s free filing and renewal policies make it possible for safety to be maintained indefinitely—rooted not in financial privilege, but in the universal right to live free from harassment and fear.

Associated Costs (DCRO – North Dakota)

No filing fee. Petitions for a Disorderly Conduct Restraining Order (DCRO) are accepted without charging the petitioner a filing fee. Clerks must not delay or reject a DCRO petition for inability to pay. The no-fee policy extends to temporary orders and the final hearing.

• Service of process: Sheriff delivery of DCRO papers is handled without cost to the petitioner. If alternate service (certified mail/publication) is ordered, courts treat those expenses as part of the protective-order process, not billable to the petitioner.
• Certified copies: Courts routinely provide multiple certified copies at no charge for safety stakeholders (employer, school, building security). If additional copies are requested beyond standard practice, expect only nominal per-page charges (often waived for protection cases).
• Post-judgment filings: Motions to renew, modify, or for contempt (violation) are processed without petitioner fees. Prosecutorial costs for criminal violations are borne by the state, not the victim.
• Optional/out-of-pocket items: Private process server (only if you choose to use one), personal document printing, and notarization outside the courthouse. Most clerks notarize DCRO affidavits at no cost.

Bottom line: For most petitioners, obtaining, enforcing, renewing, or modifying a DCRO in North Dakota involves zero mandatory court costs.

Time Required

• Same-day review for temporary (ex parte) relief: Judges commonly review DCRO petitions the day they’re filed. If granted, the temporary order is effective upon issuance and becomes enforceable upon service.
• Service window: Sheriff attempts are prioritized; practical turnaround is typically 1–3 days depending on location and respondent availability.
• Final hearing: Courts aim to set the hearing within ~14 days of the temporary order. Continuances may occur if service is incomplete or for good cause.
• Final order duration: Up to two years from issuance. Petitioners should calendar a renewal check ~60 days before expiration to avoid gaps.
• Renewal/modification: Motions are usually heard quickly (often within 2–4 weeks of filing), with streamlined evidence focused on post-order events.

Practical timeline: Filing → same-day temp decision → service within a few days → hearing in about two weeks → final order (up to two years) → optional renewals as needed.

Limitations

• Scope of relief: A DCRO restrains contact/behavior; it does not award money, change custody, or resolve property disputes. Those require separate actions.
• Proof standard: The court requires reasonable grounds based on specific facts (dates, messages, witnesses). General fear without detail is usually insufficient.
• Duration cap: Each issuance is limited to two years. Continued protection requires timely renewal grounded in current facts.
• Service-dependent: No final adjudication without valid service or court-approved alternate service. Missed or improper service typically results in delay/continuance.
• Constitutional limits: Lawful, constitutionally protected speech/activities are outside the DCRO’s reach; orders target intrusive or unwanted conduct intended to affect safety, security, or privacy.
• Relationship channeling: Cases involving spouses/intimate partners/household members may belong under the domestic-violence statutes and forms rather than DCRO.
• Appeals: Appellate review is limited to legal/procedural error; it is not a re-trial of facts. Strict deadlines apply.

Key takeaway: A DCRO is a fast, enforceable behavior-stopping tool with a two-year ceiling per issuance, strong criminal enforcement on violation, and clear evidentiary and constitutional guardrails.

Authoritative Links and References

• North Dakota Courts – DCRO Self-Help Resources
• North Dakota Century Code § 12.1-31.2-01 (Disorderly Conduct Restraining Orders)
• North Dakota Fee Waiver and Indigency Forms
• Official DCRO Instructions (Rev. July 2025)
• CAWS North Dakota – Victim Advocacy and Resources