Cost to file a Sexual Assault Restraining Order in North Dakota

Overview

In North Dakota, a Sexual Assault Restraining Order (SARO) is a critical tool for survivors seeking protection from further contact, harassment, or intimidation by their assailant. One of the most empowering features of this process is that it is completely free of charge. Under N.D.C.C. § 12.1-31-01.2(12), no fees can be collected for filing, service of process, or enforcement of a Sexual Assault Restraining Order. This includes the initial petition, the hearing, any modifications, and subsequent renewals. The legislature designed this system to remove financial barriers so that safety is not dependent on a survivor’s economic means.

By waiving court costs and sheriff service fees, North Dakota ensures that anyone in danger can access protection immediately. This policy aligns with federal principles under the Violence Against Women Act (VAWA), which requires states to make civil protective orders available without charge. Whether you file in person at the District Court or prepare your forms digitally through LegalAtoms, you will not be asked to pay a filing fee or service cost.

Understanding this zero-cost structure helps survivors focus on safety instead of paperwork expenses. Even ancillary tasks—such as obtaining certified copies of orders for employers or schools—are covered under the same waiver. This article explains each step of the process in detail, clarifying how the fee waiver operates and how you can make the most of available free resources. It also outlines how to use LegalAtoms to prepare your petition at no cost while ensuring compliance with North Dakota court standards.

Who Benefits & Who Can Apply

The fee-free policy benefits every eligible petitioner who has experienced sexual assault as defined by Chapter 12.1-20 of the North Dakota Century Code. Adults and minors may apply, and a parent, guardian, or legal representative can file on behalf of a minor or incapacitated adult. The state’s goal is to ensure that lack of funds never prevents someone from seeking legal protection. This policy also extends to people who live out of state but experienced assault within North Dakota’s jurisdiction.

Typical beneficiaries include college students, employees targeted by coworkers, victims of acquaintance assault, and individuals leaving abusive relationships. Advocates and nonprofits use the fee-waiver structure to assist clients without worrying about court expenses. Even sheriff’s departments and clerks are prohibited from charging “administrative fees” for serving restraining orders.

Applicants can submit petitions directly through their county’s District Court clerk or prepare forms online through LegalAtoms, which provides step-by-step guidance in plain language and automatically formats documents for court acceptance. Understanding who is eligible and that the process is cost-free encourages survivors to act promptly without fear of hidden charges.

Benefits of No-Cost Access

• Removes financial barriers: Survivors can seek help immediately without saving money or seeking grants.
• Encourages early intervention: Quick filing reduces ongoing harassment and prevents escalation.
• Promotes equality: All victims have the same access to justice regardless of income.
• Supports public policy goals: Fee waivers reinforce North Dakota’s commitment to safety and due process.
• Streamlines legal navigation: Free digital platforms like LegalAtoms reduce complexity and eliminate clerical errors.

Collectively, these benefits turn the fee-waiver policy into a lifeline for individuals who might otherwise avoid court due to financial strain. When combined with advocate support and digital tools, North Dakota’s system sets a national example of accessible justice.

Step 1: Confirm that no fees apply to your petition

Before you begin filling out your Sexual Assault Restraining Order petition, understand that there are no court costs whatsoever for this case type. The North Dakota Century Code explicitly states that “a petitioner may not be charged any fee for filing, service of process, or issuance of a protection order under this section.” This covers both temporary and final orders. Clerks and law enforcement agencies are legally prohibited from charging anything to a victim who files for a SARO. If anyone requests payment, refer them to N.D.C.C. § 12.1-31-01.2(12) or report the incident to the District Court administrator.

Understanding this statutory guarantee helps you focus on gathering facts and evidence rather than funds. You can file at your county courthouse in person or digitally using LegalAtoms. The online tool walks you through a series of friendly questions about the incident, relationships, and requested protections. Once complete, it produces an official PDF ready for submission to the clerk without any fee. You can print it or file electronically, depending on your county’s setup.

This first step is about acknowledging that the justice system belongs to everyone—not just those who can afford it. Fee waivers level the playing field and reinforce that safety is a fundamental right. The North Dakota Court System has ensured that every county follows this policy uniformly, so petitioners in Bismarck, Fargo, Williston, or Minot receive identical treatment. Step 1 eliminates the financial obstacle and sets the foundation for a smooth filing experience.

Step 2: Gather documents without incurring costs

Some survivors hesitate to file because they fear costs for document copies, certifications, or evidence gathering. In North Dakota, these costs are largely waived or avoidable. Clerks provide certified copies of restraining orders free of charge under the same statutory protection. If you need copies for your employer, school, or landlord, ask for multiple sets when the judge signs the order. Police and sheriff departments also receive their copies automatically without billing you.

For supporting evidence such as text messages, emails, or photos, collect and print them at home or through a local advocacy center, many of which offer printing assistance for free. If you use LegalAtoms, you can upload digital evidence at no cost and generate a ready-to-print evidence appendix. Avoid commercial printing services unless necessary; community centers and public libraries often waive fees for protective-order cases.

Step 2 is about resourcefulness—leveraging North Dakota’s public support network to keep your process cost-free. If any agency requests payment for SARO-related documents, they are out of compliance with state policy. Advocates at rape crisis centers or domestic violence programs can intervene and clarify the law on your behalf. Remember, all petitioners are entitled to obtain and maintain the documents necessary to protect themselves without financial burden.

Step 3: File your petition and serve it at no charge

When you submit your completed petition to the clerk of court, you will not be charged any filing fee. Once accepted, the judge reviews your case promptly — often the same day. If a temporary order is granted, the sheriff’s office or other designated law-enforcement agency will serve the respondent for free. North Dakota’s service costs are absorbed by county budgets and never billed to petitioners. This ensures that emergency orders can be issued and enforced without delay caused by payment processing.

Service means delivering the court-signed order to the respondent so they are legally notified of restrictions. Law enforcement handles this step because it can be dangerous for survivors to confront the respondent themselves. The sheriff confirms delivery by filing a proof of service back to the court, and you will receive notice that it is complete. You do not need to pay for copies or mileage fees — the state has allocated funds to cover these expenses.

If you file digitally through LegalAtoms, the platform automatically forwards your documents to the correct county office and provides email updates as each stage is completed. You can track service status online and download proof of filing for your records. This comprehensive automation eliminates transportation costs, printing fees, and clerical errors — ensuring a truly zero-cost filing experience from start to finish.

Step 4: Request certified copies for free

Once your Sexual Assault Restraining Order (SARO) is granted, you will receive copies of the signed order. These are more than simple documents — they are proof of your legal protection. North Dakota law mandates that certified copies must be provided to you at no cost. Certification ensures that your copies are legally recognized by law enforcement, schools, and employers. Many survivors need multiple certified copies to distribute to workplaces, landlords, or child-care facilities. Under N.D.C.C. § 12.1-31-01.2(12), clerks cannot charge any fee for preparing or certifying these documents.

When receiving your order, ask the clerk to provide at least three certified copies: one for personal use, one to give to your local police or sheriff’s department, and one to keep in a safe place at home. If your workplace or school needs a copy, request additional ones immediately. The court is obligated to supply as many as you need for legitimate safety purposes. These copies serve as your shield when reporting violations — officers often require a certified version to confirm validity before making an arrest. You should never be told to pay for additional sets, notarizations, or stamps related to your order.

For convenience, LegalAtoms offers a “Certified Copy Tracker.” This tool allows you to record where each copy was sent (e.g., “Main Office Security,” “HR Department,” “Apartment Management”), ensuring proper distribution and easy replacement if one is misplaced. You can also scan or upload digital versions into your LegalAtoms account. Though digital versions are not substitutes for certified originals, having electronic backups ensures quick access when traveling or relocating. If you later move counties, these certified copies will remain valid statewide under North Dakota law, and even across state lines through the federal Violence Against Women Act.

Step 4 reinforces that your right to free certified documentation is absolute. If any clerk or staff member mistakenly requests payment, you may cite the statute directly or show them the language printed at the bottom of the ND Courts’ official SARO forms: “No fee may be charged to the petitioner for filing, service, or issuance of this order.” This guarantees that survivors maintain legal proof of protection without any administrative burden.

Step 5: Obtain free law enforcement service and notification

Serving the respondent is one of the most sensitive and crucial steps in restraining order enforcement. In North Dakota, the sheriff’s office or designated law enforcement agency delivers your order to the respondent personally — and this service is completely free. The state covers all mileage, paperwork, and personnel costs associated with serving SAROs. Petitioners are never expected to arrange or pay for private process servers. This ensures that safety is prioritized and that the respondent is properly notified in compliance with due process.

Once the judge signs your temporary or final order, the clerk immediately forwards it to the sheriff’s office for service. The deputy attempts personal delivery, usually within 24 hours. If the respondent cannot be found at their listed address, law enforcement continues attempts until successful. Each attempt is logged and filed with the court. You will receive confirmation once service is complete — either by mail or through an online portal, depending on your county. You do not need to contact or confront the respondent yourself.

North Dakota’s service cost waiver is comprehensive: it includes repeat service attempts, certified mail if required, and affidavit filing fees. All of these are absorbed by county budgets as part of public-safety expenditures. If you use LegalAtoms, your dashboard automatically updates when proof of service is recorded. You can also request a copy of the proof of service document to keep in your records.

Step 5 ensures that survivors receive official service without the stress of arranging logistics or covering costs. Law enforcement personnel are trained in trauma-informed approaches and understand the urgency of sexual assault cases. Their free and professional involvement guarantees that your case proceeds efficiently, that the respondent is legally bound by the court’s terms, and that you remain safe throughout the process. The combination of no-cost service and digital notifications makes North Dakota’s SARO enforcement system one of the most survivor-friendly in the country.

Step 6: Access free advocate support and filing assistance

Another essential zero-cost component of the SARO process in North Dakota is the availability of trained advocates who assist survivors at every step — from filling out the forms to preparing for court hearings. Advocates are available through domestic violence and sexual assault resource centers in every county. They offer confidential, trauma-informed support and can accompany you to hearings. Their services are entirely free, supported by state and federal grants, meaning you do not have to hire an attorney or pay consultation fees unless you wish to.

Advocates help you articulate the facts of your case clearly and ensure that all necessary details appear in your petition. They also verify that your documents comply with court formatting standards. Many clerks prefer when petitions come from advocate-assisted survivors because they are typically well-organized and reduce processing time. Through LegalAtoms, you can connect digitally with a local advocate during form preparation. The platform lists participating organizations and allows you to invite an advocate to review your form online securely.

These partnerships eliminate hidden costs like transportation, printing, or legal consultation fees. Advocates often provide free access to computers, printers, and scanners at their centers. If you are filing from a rural county, they can coordinate remote support via phone or video conferencing. Their goal is to ensure that cost is never an obstacle to protection or representation. Additionally, many advocacy organizations provide free counseling, relocation assistance, and safety planning — services that complement your restraining order and extend beyond the courtroom.

Step 6 underscores that while the court system removes financial barriers, community networks provide human and emotional support — also free of charge. By combining state policy with nonprofit advocacy, North Dakota ensures that survivors receive not just legal paperwork, but comprehensive safety and emotional reinforcement without ever opening their wallets.

Step 7: Modify or renew your order at no charge

Even after your Sexual Assault Restraining Order is granted, you may need to renew or modify it. North Dakota continues its commitment to accessibility by waiving all related fees. Whether you are extending the order for another two years, changing terms to reflect a move or new workplace, or correcting clerical errors, you will never be billed for filing, service, or certified copies of the new order. The law treats these subsequent steps as direct continuations of your initial protection, meaning cost waivers apply throughout the order’s lifespan.

Renewals are common and easy to file. Simply complete a short motion explaining why protection is still necessary. No new assault needs to have occurred — continued fear or proximity may be sufficient. Clerks file the motion without charge, and the sheriff’s office serves notice to the respondent for free. Likewise, if you move and need the order updated to reflect your new address or workplace, those modifications incur zero fees. If you wish to terminate the order voluntarily, filing a dismissal notice is also free.

Using LegalAtoms, you can complete these motions online without worrying about printing or mailing costs. The platform automatically fills out the correct North Dakota forms, attaches electronic signatures, and forwards them to your local clerk. You’ll receive confirmation via email once the new order or modification is entered. If the judge requires a short hearing, advocates can attend with you at no charge.

Step 7 demonstrates that North Dakota’s fee waiver extends beyond initial filing—it covers the full lifecycle of a restraining order. Survivors remain financially supported through every update, ensuring that legal protection evolves with their circumstances and remains sustainable for years without cost pressure. This enduring zero-cost model is a cornerstone of equitable access to justice in North Dakota’s protective order system.

Step 8: Access free certified translations and ADA accommodations

North Dakota’s court system not only ensures that Sexual Assault Restraining Orders are free to file — it also removes barriers for those who face language or accessibility challenges. Under both federal law and state court policy, translation, interpretation, and accessibility services are provided at no cost to all petitioners involved in SARO proceedings. This guarantees that every survivor, regardless of background, can access the same level of protection.

If English is not your primary language, you are entitled to a certified interpreter during hearings. Court interpreters are provided free of charge and arranged by the clerk once your hearing is scheduled. The interpreter’s role is to ensure accurate communication between you, the judge, and court staff — not to offer advice. In addition, if you submit written evidence or statements in another language, the court provides certified translation services at no expense. This rule extends to petitions filed digitally via LegalAtoms, which offers bilingual interface options and automated translation for many languages.

For individuals with disabilities, North Dakota’s courts comply fully with the Americans with Disabilities Act (ADA). If you require physical access accommodations, assistive listening devices, or virtual participation through video conferencing, you can request these in your petition. No fees are associated with accessibility arrangements. The clerk or ADA coordinator for your district court will confirm details before your hearing date. You do not need to provide medical proof or pay for documentation — a simple written statement is enough.

Advocates are also trained to assist non-English speakers and individuals with disabilities at no charge. Many domestic violence centers maintain multilingual staff or have access to telephonic interpretation services. LegalAtoms integrates these support channels so that survivors completing forms online can receive live assistance in their preferred language.

Step 8 ensures that cost-free protection extends to every participant, not just those fluent in English or fully abled. The justice system’s inclusivity transforms accessibility from an afterthought into a fundamental right, aligning North Dakota’s SARO framework with national best practices for survivor-centered justice.

Step 9: Maintain and renew your protection without any hidden fees

Survivors often worry about the costs of maintaining long-term protection — especially when orders need renewal every two years. Fortunately, North Dakota’s fee waiver applies indefinitely throughout the life of a Sexual Assault Restraining Order. Whether renewing, modifying, or reinstating after an expired order, you will never be billed for court filing, sheriff service, or certified copies. The process is deliberately designed to minimize friction, ensuring continuous protection without any financial disruption.

Renewals follow the same zero-cost model as the initial petition. You simply complete a motion for renewal — available through ndcourts.gov or generated automatically via LegalAtoms. The platform pre-fills your previous information and auto-schedules reminders 60 and 30 days before expiration. Once submitted, the court clerk schedules a renewal hearing free of charge. Even if the respondent must be re-served, the sheriff’s office performs this duty without cost to you.

It’s important to note that clerks and law enforcement agencies are prohibited from requesting deposits, postage fees, or photocopying charges related to SARO renewals. Every element — from paperwork processing to enforcement — remains covered by state funding. This rule ensures consistent protection even for low-income or rural petitioners who might otherwise be unable to afford follow-up filings.

Additionally, if the respondent violates your SARO, reporting that violation and requesting a contempt hearing is also free. You won’t pay for subpoenas or law enforcement follow-up. Step 9 guarantees survivors that financial exhaustion will never be used as a tool of intimidation — renewals and enforcement remain universally accessible, giving you uninterrupted peace of mind for as long as needed.

Step 10: Use digital tools to eliminate incidental expenses

Although the SARO process itself carries no official fees, some survivors face small incidental expenses — transportation to court, printing forms, or time off work. North Dakota’s courts and partner organizations have built systems to minimize even these. The most effective solution is using LegalAtoms, a free digital platform that allows you to complete, sign, and file your petition online without travel or printing. It also stores certified copies and generates PDF packets for employers, schools, or law enforcement as needed — all free.

LegalAtoms connects directly to county clerks, eliminating courier or mailing costs. The platform’s bilingual and accessibility-friendly interface saves time and removes confusion, particularly for survivors filing from remote areas. You can also chat live with advocates or legal aid partners without fees, and they can co-review your form in real time.

If you prefer in-person assistance, many domestic violence advocacy centers offer free transportation or gas vouchers for court visits. Some county courthouses even provide free public printing stations for restraining order paperwork. Advocates often coordinate these logistics on your behalf, ensuring zero out-of-pocket cost. For survivors with limited internet access, LegalAtoms enables partial offline completion with later online sync — preventing data-loss costs or multiple trips to court.

By combining digital efficiency with state-funded court access, Step 10 completes the SARO process as a fully free experience from start to finish. Survivors no longer face the “hidden costs” that often discourage early legal action. The result is a model of equitable access where protection, information, and enforcement remain universally free, supported by thoughtful technology and responsive courts.

Costs Summary

Under N.D.C.C. § 12.1-31-01.2(12), petitioners pay nothing for:

• Filing the petition or renewal motion
• Service of process by sheriff or law enforcement
• Certified copies of orders
• Translation, interpretation, or ADA accommodations
• Renewal, modification, or enforcement hearings

All costs are covered by public funds so survivors can prioritize safety, not spending. Optional attorney fees are the only potential expense — and most survivors proceed successfully without legal representation thanks to free advocate assistance.

Time Required

Filing and receiving a temporary order can happen within hours of submission. Hearings are held within 14 days, and final orders last up to two years. Renewal motions take less than 30 minutes of court time and are typically processed within two weeks of filing. Using LegalAtoms further accelerates this timeline by pre-validating forms before submission.

Limitations

While there are no costs, survivors should remain aware of logistical limits. Free service relies on accurate addresses; if the respondent’s location is unknown, additional time may be needed for law enforcement to locate them. Also, while LegalAtoms offers online filing, some counties may still require physical submission — though the process remains free. Lastly, while attorney representation is optional, survivors seeking complex modifications should consult free legal aid rather than private attorneys to avoid costs.

Risks and Unexpected Problems

Incorrect fee requests: Rarely, clerical misunderstanding may cause a staff member to ask for payment — always cite § 12.1-31-01.2(12).
Delayed service: If the respondent evades service, request law enforcement persistence or advocate support.
Technology gaps: Limited internet access can slow filings; LegalAtoms’ offline mode mitigates this.
Overprinting or notarization scams: Never pay third parties for SARO-related “document kits” — official forms are free at ndcourts.gov.
Language barriers: Always request interpreters early; they are free and must be court-certified.
Through proper use of digital tools and awareness of your rights, these risks can be neutralized entirely.

Sources

• North Dakota Courts — Sexual Assault Restraining Order Resources
• North Dakota Century Code § 12.1-31-01.2
• ND Courts — Protection Order Overview