Domestic Violence Protection Order vs other restraining orders in North Dakota

Overview

North Dakota law recognizes several types of civil protection orders that safeguard individuals from abuse, harassment, or threats. The most common are the Domestic Violence Protection Order (DVPO), the Disorderly Conduct Restraining Order (DCRO), and the Sexual Assault Restraining Order (SARO). All three are issued by the North Dakota District Courts but differ in eligibility, filing requirements, and legal effect. Knowing which to file ensures proper jurisdiction, faster relief, and enforceable protection statewide.

A DVPO applies when the respondent is a family or household member, current or former intimate partner, or someone with whom the petitioner shares a child. A DCRO covers harassment or stalking by any person, even without a domestic relationship. A SARO applies specifically to victims of sexual assault who need contact prohibition regardless of any relationship. Each order provides injunctive relief but through slightly different statutes and procedures: NDCC § 14-07.1 governs DVPOs, § 12.1-31.2-01 covers DCROs, and § 12.1-31-01.2 authorizes SAROs.

This guide compares them step-by-step so self-represented litigants can decide where and how to file, what relief each provides, and how enforcement differs. All orders are free to file in North Dakota. The guide also highlights how LegalAtoms can automatically generate the correct forms for the appropriate order type, ensuring accuracy and saving time.

Who can apply and who benefits

Different restraining orders serve different segments of the public.

• Domestic Violence Protection Order (DVPO): For victims of physical harm, threats, or coercive control by family, household members, dating partners, spouses, former partners, or co-parents. Parents may also file on behalf of minor children or vulnerable adults.
• Disorderly Conduct Restraining Order (DCRO): For individuals experiencing harassment, stalking, or unwanted contact from a stranger, neighbor, co-worker, or acquaintance when no qualifying domestic relationship exists.
• Sexual Assault Restraining Order (SARO): For victims of sexual assault regardless of relationship, providing immediate no-contact and stay-away protection.

All three offer civil protection enforceable by police, but the eligibility and duration differ. DVPOs typically last one to two years and may include custody or residence provisions; DCROs last up to two years and focus strictly on harassment prevention; SAROs are narrower but can issue the same day upon credible affidavit.

Beneficiaries include spouses escaping violence, college students facing stalking, and survivors of assault needing privacy restoration. Filing the correct type ensures enforcement without jurisdictional gaps.

Benefits of understanding and choosing the correct order

Filing the right protection order matters for both safety and efficiency. A DVPO offers the broadest relief—exclusive possession of a home, temporary child custody, and firearm surrender provisions. A DCRO suits neighbor or coworker disputes where harassment, not domestic abuse, is the issue. A SARO provides swift, incident-based protection even if criminal charges are pending.

Choosing the correct order type avoids clerical re-routing and delays. Courts must dismiss petitions filed under the wrong statute if no qualifying relationship exists. Conversely, filing under the correct chapter ensures the order is enforceable across jurisdictions through the statewide Criminal Justice Information System (CJIS).

Victims also save time when completing self-help forms. The North Dakota Legal Self Help Center provides separate packets for each order type. LegalAtoms can pre-populate these with guided questions that identify whether the petitioner qualifies for a DVPO, DCRO, or SARO—reducing errors and ensuring same-day review.

Step 1: Identify the type of harm or behavior prompting the order

Before filing, define precisely what conduct you seek to stop. A DVPO addresses domestic violence, physical assault, threats, or coercion within a family or intimate context. If the respondent is not related or romantically connected, a DCRO is usually appropriate. If the act involved sexual assault, stalking, or any sexual offense, a SARO provides faster relief because it requires no ongoing relationship.

Under NDCC § 14-07.1-01, “domestic violence” includes physical harm, bodily injury, or infliction of fear of imminent harm against a family or household member. “Household member” covers current or former spouses, dating partners, relatives, cohabitants, and co-parents. Petitioners outside these categories must instead use the DCRO form under § 12.1-31.2-01.

Misclassification is the most common filing error. Filing a DVPO without a qualifying relationship leads to dismissal, wasting critical days. Conversely, filing a DCRO when domestic violence exists limits relief—courts cannot grant custody or residence orders under a DCRO. Thus, step one requires honest assessment of the relationship and harm pattern.

Document recent incidents in chronological order. Include dates, times, witnesses, texts, and photos. This factual timeline helps the judge confirm which statute fits. If unsure, the clerk or a legal-aid advocate can explain the distinction but cannot give legal advice. A LegalAtoms questionnaire can identify eligibility in minutes and generate the correct packet automatically, avoiding rejection due to form mismatch.

Step 2: Review the statutory authority and available relief under each order

Every order type stems from a distinct North Dakota statute:

• DVPO — NDCC § 14-07.1: Grants exclusive possession of a residence, temporary child custody, firearm surrender, and broad no-contact relief.
• DCRO — NDCC § 12.1-31.2-01: Addresses disorderly conduct defined as intrusive or unwanted acts, words, or gestures that adversely affect safety, security, or privacy. Relief is limited to restraining further contact or harassment.
• SARO — NDCC § 12.1-31-01.2: Available to victims of sexual assault or attempted sexual assault, regardless of relationship. Provides stay-away and no-contact provisions and may include workplace or school protection.

Understanding statutory limits prevents unrealistic expectations. Only a DVPO can include child-related provisions; a DCRO or SARO cannot alter custody. Likewise, firearm prohibitions attach only to DVPOs under federal law (18 U.S.C. § 922 [g][8]).

Judges evaluate petitions using statutory definitions. During filing, quote key phrases—“caused me fear of imminent physical harm” (for DVPO), “engaged in intrusive acts adversely affecting my safety” (for DCRO), or “committed sexual assault as defined under § 12.1-20” (for SARO). Specific statutory language demonstrates understanding of the law and strengthens credibility.

LegalAtoms can dynamically show you which statutory chapter applies based on your answers, then output only the correct forms, ensuring your packet aligns with the relief you’re seeking. Using the correct statute streamlines judicial review and reduces continuances caused by jurisdictional confusion.

Step 3: Determine where to file and which court has jurisdiction

All protection and restraining orders are filed in the North Dakota District Court—the same statewide trial-court level—but the county of filing varies slightly. DVPOs should be filed in the county where the respondent lives, the petitioner resides, or the violence occurred (Legal Self Help Center FAQ). DCROs and SAROs follow the same rule but often rely on where the unwanted conduct took place.

If the incident occurred across counties (for instance, online harassment from another city), filing in the petitioner’s home county is permissible. Filing in the correct venue ensures the local sheriff can serve the respondent quickly. Incorrect venue may require transfer, causing delay.

Each county clerk provides paper or electronic filing options. No fees apply for DVPO, DCRO, or SARO petitions. Most clerks process ex parte requests the same day. When filing, provide your mailing address or request address confidentiality if safety demands. The order becomes effective statewide once signed and entered into the CJIS database. If the respondent violates it in another county, officers can still arrest immediately.

In short, filing in the proper district-court county aligns your case with the right sheriff’s jurisdiction and ensures immediate law-enforcement recognition. LegalAtoms can pre-fill the correct courthouse address based on your ZIP code, preventing venue errors that slow urgent protection.

Step 4: Compare eligibility thresholds and ex parte (same-day) standards across DVPO, DCRO, and SARO

Choosing the correct North Dakota restraining order begins with understanding the eligibility threshold and what a judge looks for when deciding an ex parte (same-day, temporary) request. Under NDCC ch. 14-07.1, a Domestic Violence Protection Order (DVPO) requires a qualifying relationship and facts showing domestic violence or fear of imminent domestic violence. “Domestic violence” is defined in § 14-07.1-01 to include physical harm, bodily injury, sexual activity compelled by force, or the infliction of fear of imminent harm against a family or household member. The judge will consider recent incidents, threats, coercive control, and the pattern presented in your sworn affidavit. Because the DVPO statute is expressly designed for intimate/family contexts, the ex parte standard focuses on immediacy and risk within those relationships, and courts can act quickly when the sworn facts establish danger.

By contrast, a Disorderly Conduct Restraining Order (DCRO) under NDCC § 12.1-31.2-01 does not require a domestic relationship. It addresses “intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.” The petitioner’s affidavit should explicitly connect the respondent’s conduct to that definition—e.g., repeated unwanted approaches, harassing communications, or stalking-type behaviors. For ex parte relief, judges typically look for recency, repetition, or escalation that suggests harm if contact continues before the respondent can be heard. The remedy is narrower than a DVPO because it aims to stop harassment, not govern family dynamics.

A Sexual Assault Restraining Order (SARO) under NDCC § 12.1-31-01.2 focuses on a discrete sexual assault or attempt, regardless of relationship. Affidavits should detail the incident(s) with time, place, and supporting documentation (e.g., medical discharge instructions or police report numbers if available). Because the SARO is incident-driven, ex parte relief often turns on the credibility and specificity of the sworn description and the need to prevent immediate contact or intimidation.

Across all three, the shared foundation is a clear, chronological affidavit. The North Dakota Courts’ Legal Self Help Center emphasizes that petitioners must provide detailed facts and that judges retain discretion to grant temporary relief based on the sworn record. Practically, you strengthen any ex parte request by attaching recent messages (with dates and sender IDs), photographs, and a succinct incident timeline. If you’re unsure which statute fits, a limited-scope consult via the State Bar Association of North Dakota (SBAND) Lawyer Referral Service can validate eligibility before you file. LegalAtoms can also triage your answers to the correct order type, generating an affidavit that mirrors statutory language, which helps judges make fast, accurate decisions.

Step 5: Packets, forms, and filing mechanics — how DVPO, DCRO, and SARO paperwork differ

North Dakota’s district courts accept filings for all three order types, but the packets and forms you use should match the statute. The DVPO Legal Self Help page provides instructions and “general-use” forms that many districts accept, while reminding petitioners that judges may require additional information. For DCROs and SAROs, you’ll also rely on general-use pleadings from the Legal Self Help General-Use Forms page, adapting the affidavit to the correct chapter (12.1-31.2-01 for DCRO; 12.1-31-01.2 for SARO). Before printing, check your chosen county’s clerk page under District Courts for any local preferences (e.g., cover sheets). Filing is free statewide for these protection-type cases; the DVPO page is explicit that protection-order access is through district court and guided by Chapter 14-07.1.

In your affidavit, mirror the statutory language and elements: for DVPO, identify the relationship and domestic-violence facts; for DCRO, tie the conduct to “intrusive or unwanted acts” adversely affecting safety, security, or privacy; for SARO, describe the sexual assault/attempt using the terminology cross-referenced in Chapter 12.1-20. While not required, headlines like “Relationship & Jurisdiction,” “Incident Timeline,” and “Ongoing Risk” help judges navigate your filing. The Legal Self Help materials stress factual specificity and organization—common reasons for delay are vague descriptions, missing dates, or screenshots without identifying information.

If you need help tailoring the packet, SBAND’s Lawyer Referral & Information Service can connect you with limited-scope counsel who will review or edit an affidavit without taking full representation. LegalAtoms can also pre-fill the correct county clerk address and produce court-ready PDFs aligned with the chapter you select, so you do not accidentally submit a DVPO petition with DCRO facts (or vice versa). These workflow details matter: the right packet yields same-day review and fewer continuances; the wrong packet may be re-routed or denied for lack of statutory fit.

Step 6: Service of process and temporary relief — practical differences to expect

After filing, the court may issue a temporary (ex parte) order. That order is effective once signed, but it must be served on the respondent before the full hearing. In all three order types, service is typically handled by the sheriff, and in-county service is routine. The Legal Self Help Center outlines that DVPOs are civil orders from the district court and move quickly to hearing after service is complete. Timely, accurate service information (addresses, shifts, vehicles) prevents continuances.

The temporary relief itself varies by statute. A DVPO can immediately remove the respondent from a shared residence, restrict contact with children, and order surrender of firearms consistent with § 14-07.1 and applicable federal law. A DCRO’s temporary relief is narrower—primarily no-contact and stay-away terms—because Chapter 12.1-31.2-01 targets harassment, not household control. A SARO’s temporary relief focuses on strict no-contact and distance buffers keyed to the assault location(s), school or workplace, and any areas where intimidation could occur. These differences reflect legislative intent: DVPOs address domestic dynamics and safety planning; DCROs halt harassment outside domestic contexts; SAROs secure immediate distance after sexual violence.

If a respondent violates a temporary order, police can arrest on probable cause. Under NDCC § 14-07.1-11, officers “shall arrest” for DVPO violations; prosecutors can charge under § 14-07.1-06. While the DCRO and SARO statutes are distinct, once a court has issued a no-contact command, violating it may trigger arrest and prosecution consistent with the court’s authority to punish violations of protective orders or contempt. Either way, the district court that issued the temporary order has the tools to respond if the respondent ignores it.

Step 7: Full hearings, scope of relief, duration, and modification/renewal — a side-by-side view

At the full hearing, each statute frames what the judge may order. For DVPOs under Chapter 14-07.1, courts can award exclusive possession of a residence, set temporary parenting time or exchanges, impose broad no-contact terms, and require firearms surrender consistent with state and federal law. Relief can be tailored to work, school, childcare, and medical settings. Final DVPOs frequently run 1–2 years and can be extended on motion showing continued need. The Legal Self Help Center explains that judges retain discretion to amend, extend, or terminate based on updated facts.

For DCROs under § 12.1-31.2-01, the court’s authority centers on restraining harassment—no-contact, no harassment, and stay-away distances. The court typically does not enter custody or residence orders in a DCRO, as those remedies belong in family-law or DVPO contexts. DCROs can be issued for up to two years and renewed with a showing that intrusive conduct would likely resume. Evidence often includes message logs, workplace or neighbor complaints, and witness statements documenting repeated unwanted contact.

For SAROs under § 12.1-31-01.2, the hearing focuses on the sexual assault or attempt and the need to prevent further contact or intimidation. Relief is typically strict no-contact, specified distances from home/work/school, and no third-party contact. As with DCROs, child-custody-type remedies are not part of SARO relief; if a domestic relationship also exists, a DVPO may be more appropriate to address parenting and residence issues alongside safety.

Modification and renewal are available for all three when circumstances change or risk continues. Practically, you renew in the same district court that issued the order, using an updated affidavit. The Legal Self Help Center materials (and general-use forms) detail motion practice—file early (e.g., 30–60 days pre-expiration) to avoid gaps. For tailored help, SBAND’s Lawyer Referral Service can connect you with counsel for a short review to ensure your renewal affidavit cleanly shows ongoing need. LegalAtoms can pre-fill renewals from your prior case so the judge sees a continuous, organized record.

Step 8: Violations and enforcement pathways — DVPO vs DCRO vs SARO

Enforcement is where the differences among North Dakota’s three civil protection orders matter most in day-to-day life. A Domestic Violence Protection Order (DVPO) under NDCC ch. 14-07.1 is designed for rapid police response and court follow-through in the domestic context. The chapter sets out the framework for issuance, modification, and consequences for noncompliance, and, critically, North Dakota law empowers peace officers to act swiftly when they have probable cause to believe a DVPO has been violated. Practically, that means if a respondent shows up at your home or messages you in defiance of a no-contact clause, officers can verify the order through court records and take enforcement steps immediately. This immediacy is a feature, not a side effect; the DVPO statute was drafted to translate civil orders into actionable police guidance, and the district court retains jurisdiction to escalate consequences through contempt proceedings or related remedies as needed. The North Dakota Courts’ Legal Self Help guidance reinforces that protective orders are civil orders issued by the state district court, with judges retaining discretion to tailor conditions and respond to violations through the court’s inherent powers.

With a Disorderly Conduct Restraining Order (DCRO) under NDCC § 12.1-31.2-01, the enforcement emphasis is on stopping harassment or stalking by any person even if no domestic relationship exists. The statute defines “disorderly conduct” as intrusive or unwanted acts, words, or gestures intended to adversely affect safety, security, or privacy. When a court has issued a DCRO with no-contact or stay-away terms, breaching those terms exposes the respondent to legal consequences. While the DCRO does not carry the same family-law-adjacent remedies (e.g., custody exchanges) as a DVPO, once the court has entered a directive, the district court can address noncompliance through its contempt authority. From a petitioner’s perspective, that means: document what happened (time, place, message screenshots, witnesses), call law enforcement to record the incident, and then work with the clerk or prosecutor about next steps. Because DCROs are aimed at harassment cessation, judges focus on patterns and the risk of continued intrusion; well-organized logs and exhibits speed court action.

The Sexual Assault Restraining Order (SARO) under NDCC § 12.1-31-01.2 is incident-based: it flows directly from an assault or attempted assault and does not require an ongoing relationship. Enforcement, therefore, centers on preventing intimidation, retaliation, or renewed contact after the incident. In practice, a SARO’s violation calls for law-enforcement verification and swift response similar to the other orders; the district court can also invoke contempt to penalize noncompliance. For students, employees, or others navigating shared spaces, a SARO’s precise stay-away zones (campus buildings, work entrances, parking lots) are particularly useful.

Across all three orders, the mechanics for the protected party are consistent: keep a certified copy of the order on hand; report violations to police promptly; gather contemporaneous evidence (photos of the vehicle outside your residence, call logs, message headers showing sender and timestamp); and then ask the clerk how the court prefers you to raise the violation (e.g., through a prosecutor in a related case, by a victim-witness coordinator, or by filing a motion for contempt on the civil docket). The General-Use Forms page contains motion templates that self-represented litigants can adapt for contempt or modification requests; pairing those with a short, limited-scope consult through the SBAND Lawyer Referral Service often results in crisp filings that judges can act on quickly. Conceptually, DVPOs integrate most tightly with family-safety measures (residence exclusion, child-exchange logistics), DCROs target harassment dynamics outside domestic relationships, and SAROs lock in immediate, incident-driven distance and no-contact; yet in each category, the district court has both the civil hammer (contempt/modification) and a clear pathway for coordination with law enforcement so respondents cannot treat the order as a suggestion.

Step 9: Criminal interplay, evidence strategy, and courtroom posture across order types

Protection-order enforcement often overlaps with criminal-law processes, and understanding how to present evidence helps the court act decisively. A DVPO issued under Chapter 14-07.1 lives on the civil docket, but violations may also be investigated criminally depending on the facts. Similarly, harassment conduct that underlies a DCRO (§ 12.1-31.2-01) or assault conduct that prompted a SARO (§ 12.1-31-01.2) can be the subject of parallel criminal inquiries under other chapters of the Century Code. For petitioners, this dual-track reality means two complementary responsibilities: (1) promptly report conduct to law enforcement so there is an official incident number and body-cam/patrol documentation; and (2) maintain a civil-case packet for the district-court judge (order, timeline, exhibits, and any prior minute entries).

An effective evidence strategy is remarkably similar across all three order types: a clean timeline with the who/what/when/where; screenshots with visible sender, date, and time; photos anchored by context; and, where available, references to police incident numbers. The Legal Self Help materials emphasize clear, factual statements over conclusions—“On July 5 at 8:42 p.m., respondent parked across from my apartment and texted ‘I’m outside’ from number xxx,” not “Respondent violated the order.” Judges apply the statute; your task is to make it easy to find the facts. In DVPO hearings, judges may also consider safety logistics like child-exchange conditions; in DCRO and SARO hearings, the focus stays on harassment/assault-related no-contact and distance boundaries.

Your courtroom posture should reflect the statute you filed under. In a DVPO context, be prepared to address home/school/work boundaries, temporary parenting logistics, and any technology-based contact. In a DCRO matter, emphasize the pattern of intrusive conduct and why restraint is necessary even without a relationship. In a SARO case, center the incident, the immediate risk of intimidation/retaliation, and specific locations that require buffers. If you’re unsure how to tailor the ask, a short limited-scope review via the SBAND Lawyer Referral Service can refine your affidavit and your “what I’m asking the court to order” section so it fits the chapter’s boundaries. Finally, remember that each dataset you assemble today improves tomorrow’s renewal or modification because North Dakota district courts consider updated facts and the case history when exercising their discretion.

Step 10: Renewal, modification, and switching tracks — keeping protection aligned with real life

Protection needs evolve. North Dakota’s framework anticipates that reality and allows you to renew or modify orders within the same district-court case, and even to switch tracks if the facts shift. If you started with a DCRO to stop a neighbor’s harassment but then entered into a dating relationship that turned violent, your next filing might properly be a DVPO under ch. 14-07.1. If you obtained a SARO because of a sexual assault and later face continuing harassment unrelated to a relationship, a parallel DCRO under § 12.1-31.2-01 could be the better long-term tool. The key is to match your ask to the statute that best fits the current risk profile.

For renewals, file early—typically 30–60 days before expiration—so service and hearing can occur without a lapse. The Legal Self Help materials and the General-Use Forms page outline motion practice and affidavit requirements. Your affidavit should (1) summarize the original order, (2) outline new incidents or continuing fear, and (3) explain why the same or stronger terms remain necessary. In DVPO renewals, include any updates about children’s routines and safe exchange plans; in DCRO renewals, attach a concise log showing that intrusive behavior is likely to resume absent a court order; in SARO renewals, focus on ongoing intimidation concerns and any proximity issues at school or work that justify continued distance.

Modifications follow a similar approach: when a move, job change, school transfer, or new technology platform shifts the risk, ask the court to update no-contact language and geography. Judges retain discretion to amend terms in light of updated facts, and, because all three order types are issued by the district court, the procedural mechanics (notice, hearing, signed order) will feel familiar. If you need help fine-tuning a renewal or modification, the SBAND Lawyer Referral Service can connect you to limited-scope counsel who will review a draft affidavit for statutory fit. As a workflow accelerator, LegalAtoms can also duplicate your prior packet, carry forward case numbers and parties, and prompt you only for the facts that changed, reducing errors and re-typing.

Associated Costs

North Dakota treats access to protection orders as a core safety function of the district courts. Filing DVPO, DCRO, or SARO petitions does not carry a standard civil filing fee. Typical optional costs include extra certified copies or postage if out-of-county service is coordinated, and private attorney consultations if you choose limited-scope help. Forms and instructions are available free through the Legal Self Help pages.

Time Required

When sworn facts justify it, judges can issue ex parte (temporary) relief the same day, with hearings scheduled after service. DVPOs often include logistics such as temporary child-exchange terms, which courts prioritize quickly. DCROs and SAROs also move rapidly where the record shows ongoing harassment or post-assault risk. Filing in the correct county streamlines service and scheduling.

Limitations

Each statute has guardrails. DVPOs require a qualifying relationship and are the only track that can address residence exclusion or child-related logistics. DCROs cannot grant custody and are confined to stopping intrusive conduct. SAROs are incident-driven and focus on strict no-contact and distance; broader family-law relief requires a DVPO or separate family action. Judges retain discretion, and district-court acceptance of “general-use” forms depends on local practice. Always align your requested relief with the statute cited.

Risks and Unexpected Problems

The most common pitfalls are (1) filing under the wrong statute (leading to delay or limited relief), (2) vague affidavits without dates or identifying details, and (3) missing renewal windows and allowing orders to lapse. Mitigate by matching the facts to the right chapter of the Century Code, using a clean timeline with exhibits, and calendaring expiration dates with 60/30-day reminders. If confusion arises, a short limited-scope consult via the SBAND Lawyer Referral Service can correct course before the hearing.

Sources

• North Dakota Courts — Domestic Violence Protection Order (Self Help)
• North Dakota Courts — General-Use Forms
• North Dakota Century Code — ch. 14-07.1 (Protection Orders)
• North Dakota Century Code — § 12.1-31.2-01 (Disorderly Conduct Restraining Order)
• North Dakota Century Code — § 12.1-31-01.2 (Sexual Assault Restraining Order)
• State Bar Association of North Dakota — Lawyer Referral & Information Service

Need help deciding which statute fits and generating the right forms? LegalAtoms guides you through DVPO, DCRO, or SARO eligibility and produces court-ready North Dakota packets addressed to the correct district-court clerk, reducing errors and re-work.