Emergency (ex parte) Sexual Assault Restraining Order North Dakota

Overview

An Emergency (Ex Parte) Sexual Assault Restraining Order is a temporary protection order that a North Dakota judge can issue immediately—without notifying the respondent (the accused person)—if the court finds “reasonable grounds” to believe a sexual assault occurred and that immediate protection is necessary. The term ex parte means that the decision is made based solely on the petitioner’s written statement, without the respondent’s participation. This order provides swift, legally enforceable safety to survivors facing ongoing danger, intimidation, or unwanted contact after a sexual assault.

Under N.D.C.C. § 12.1-31-01.2, judges are authorized to issue an emergency order the same day a verified petition is filed. The order can prohibit all contact—direct or indirect—and can include restrictions on visiting the petitioner’s home, school, workplace, or other specified locations. It takes effect immediately upon judicial signature and remains valid until a full hearing, which must occur within 14 days. Law enforcement officers can arrest violators without a warrant under the statute’s criminal-penalty provisions.

The emergency (ex parte) order is critical for bridging the time gap between filing and the court hearing. It acts as a legal shield that transforms a victim’s statement into enforceable boundaries. Survivors can request such orders by completing North Dakota’s official Sexual Assault Restraining Order Forms—specifically checking the box requesting “Immediate (Ex Parte) Relief.” The forms can be filled by hand or via guided platforms like LegalAtoms, which automatically prepare the packet for quick judicial review.

Ex parte protection reflects the principle that safety should not depend on procedural delay. In the hours after an assault, or while threats continue, survivors deserve immediate recourse—and North Dakota’s courts have made that possible through an accessible, no-fee emergency-order system.

Who Benefits & Who Can Apply

Emergency (ex parte) SAROs serve people facing ongoing threats or harassment following a sexual assault, especially when waiting two weeks for a hearing would pose serious danger. Typical petitioners include survivors whose assailant has tried to contact them again, appeared at their workplace or home, or spread personal information online. The statute covers anyone who has experienced non-consensual sexual contact or acts under Chapter 12.1-20 of the North Dakota Century Code—regardless of gender, relationship, or prior reporting to police. Unlike domestic-violence orders, SAROs apply even when the assailant is not a family member.

Parents, legal guardians, or stepparents may file on behalf of minors. A conservator may file for an incapacitated adult who cannot act independently. Petitioners do not need an attorney; advocates certified under Administrative Rule 34 can assist free of charge. All filings occur in the District Court—usually in the county where the petitioner resides, the respondent resides, or where the assault happened. To qualify for emergency relief, the petition must show a credible threat of harm, harassment, or continued unwanted contact. Judges consider timing, recent contact attempts, and the severity of allegations. The petitioner must affirm under oath that facts are true, typically by signing the petition under penalty of perjury.

In urgent cases filed after court hours, some counties allow judges to review petitions remotely or after hours through electronic channels. Even when court offices are closed, advocates and law enforcement can guide victims to file first thing the next morning for immediate protection. Survivors benefit most when they act swiftly and submit thorough, fact-based petitions using the official forms provided by ndcourts.gov.

Benefits of Emergency (Ex Parte) Orders

• Immediate Protection: A judge can issue an order within hours, providing instant safety without waiting for a hearing.
• Law-Enforcement Enforcement: Once signed, police can arrest the respondent for any violation.
• Privacy Safeguards: The Confidential Information Form keeps your address and contact details sealed.
• No Cost: Filing and service are free under § 12.1-31-01.2(12).
• Bridge to Final Order: It remains valid until a hearing within 14 days, preventing gaps in protection.
• Accessibility: Survivors can self-file using official forms or digital tools like LegalAtoms.

These benefits make emergency (ex parte) orders indispensable for survivors needing rapid relief, ensuring the law prioritizes their immediate safety over formal notice to the respondent.

Step 1: Recognize when an emergency (ex parte) order is necessary

The first step is determining whether your situation qualifies for emergency (ex parte) relief. North Dakota law authorizes ex parte orders when waiting for the respondent’s response could expose the petitioner to immediate danger or continued trauma. Ask yourself three key questions: (1) Have there been recent attempts at contact by the respondent since the assault? (2) Do you fear physical harm, stalking, or retaliation? (3) Would notifying the respondent before a hearing increase your risk? If the answer to any of these is yes, an ex parte order is warranted.

Timing is crucial. You should request emergency relief when the threat is imminent—usually within days or weeks of unwanted contact. While older assaults still qualify for a full SARO, emergency orders aim to stop current or recent intimidation. Judges review the petition the same day it’s filed, relying solely on your written statement. Therefore, describe specific incidents and explain why you need immediate protection. Example: “Yesterday, the respondent appeared outside my apartment and texted me repeatedly after the assault.” Avoid vague phrases like “I feel unsafe.” Instead, specify actions that demonstrate continuing risk.

Attach any supporting documentation: screenshots, police reports, or witness messages confirming the respondent’s presence or communications. Include timestamps whenever possible. These details help the judge determine urgency. You do not need to prove guilt; only to show credible fear based on facts. Judges understand trauma responses—they focus on safety, not courtroom theatrics.

If you’re uncertain whether your situation qualifies, a Certified Advocate can review your draft petition or you can use LegalAtoms. The system asks guiding questions like “Has the respondent tried to contact you since the incident?” and “Do you fear immediate harm?” If you answer yes, the generated petition automatically includes language requesting an ex parte order. Filing promptly demonstrates seriousness and helps law enforcement act before escalation occurs.

Step 2: Prepare the petition emphasizing urgency and recent danger

When requesting emergency protection, the language you use in your petition determines how quickly the court acts. The “Describe what happened” section is where you must demonstrate both reasonable grounds of sexual assault and imminent need for relief. Write in factual, chronological order. Begin with the assault itself, then describe any subsequent encounters, messages, or threats. Emphasize recency—courts respond faster when danger appears ongoing. Include phrases like “in the past week” or “yesterday” to illustrate time proximity. Judges prioritize recent or escalating behavior.

For example: “After sexually assaulting me on April 3, 2025, the respondent waited outside my workplace on April 5 and again texted me multiple times after midnight on April 6.” This kind of timeline shows continuing harassment, a key justification for ex parte relief. Avoid including speculative statements (“He might come after me”). Stick to verified or observed facts that communicate risk. Attach exhibits such as text message screenshots, doorbell camera images, or police call logs if available.

At the end of your narrative, include a clear request for immediate protection: “I request an ex parte Sexual Assault Restraining Order to prohibit contact and require the respondent to stay at least 500 feet away from my residence and workplace.” Check the box labeled “Immediate (Ex Parte) Relief Requested” on the official form. If you complete the petition through LegalAtoms, the software automatically populates this section based on your answers and includes the statutory language required by N.D.C.C. § 12.1-31-01.2(6).

Be concise but comprehensive—your goal is to help the judge make a swift decision. Proof is not required, but consistency between your written petition and future testimony matters. Before signing, read the entire document aloud. It should sound like a calm, factual account, not an emotional plea. Judges respond best to clarity and credibility. Once the petition is signed and dated under penalty of perjury, it becomes a legal document ready for immediate judicial review.

Step 3: Attach the Confidential Information Form and supporting evidence

Every emergency SARO petition must include the Confidential Information Form (CIF) and any supporting evidence to ensure proper service and judicial evaluation. The CIF allows you to provide your address, phone number, and other sensitive information privately. It is kept under seal and accessible only to court officials and the sheriff. Do not list your residence on the public petition—use the CIF instead. Write “Confidential” wherever the petition asks for your address. This protects you from retaliation or stalking, as respondents never see the sealed details.

Attach evidence that demonstrates the immediacy of danger. Courts appreciate well-organized submissions. For each exhibit, label it clearly (“Exhibit A – Text Messages,” “Exhibit B – Police Report #2521”). Include only relevant portions; omit unrelated content. For digital messages, print screenshots with visible timestamps. Avoid sending phones or devices directly—courts do not store electronics. You may also include witness affidavits or written statements signed under penalty of perjury. The goal is not to overwhelm the judge but to show clear, factual proof of current risk.

If you have already reported the incident to police, include the report number but note that criminal charges are not required for civil protection. If no report exists, your sworn statement alone is sufficient under § 12.1-31-01.2(2). The law recognizes that many survivors hesitate to involve law enforcement immediately, and that should not prevent them from securing protection. The CIF ensures law enforcement can find the respondent for service without compromising your safety.

When using LegalAtoms, the CIF is generated automatically, marked “Sealed,” and appended behind your petition. The platform prevents accidental sharing of private details and formats exhibits for easy printing. Once assembled, the packet—petition, CIF, and exhibits—is ready for submission to the Clerk of District Court for same-day review. This careful attachment process ensures your emergency request proceeds without administrative delay or privacy risks.

Step 4: File the Emergency (Ex Parte) Petition with the Clerk of District Court

Once your petition, Confidential Information Form (CIF), and any exhibits are complete, the next step is filing them at the Clerk of District Court in your county. This filing transforms your request into a formal legal case, authorizing the judge to review your emergency request immediately. North Dakota allows filings in any county where the assault occurred, where the respondent resides, or where you currently live. If the danger is ongoing, file in the county where you are physically located to ensure law enforcement jurisdiction.

Arrive at the courthouse during business hours and ask for the clerk’s office. Politely tell the clerk: “I need to file a Sexual Assault Restraining Order with immediate (ex parte) relief.” The clerk will understand and guide you through the intake process. You’ll hand over your completed packet, including your petition, CIF, and cover sheet. Always request a file-stamped copy for your records. This copy is your proof that the filing was received and is under judicial consideration.

There is no filing fee for SAROs, as guaranteed by N.D.C.C. § 12.1-31-01.2(12). If any court employee mistakenly asks for payment, respectfully explain that this statute waives all costs. Most clerks are trained on this law, but it’s good to bring a printed copy of the official instructions from ndcourts.gov for reference.

In many counties, the clerk can route your petition to a duty judge within minutes. Larger districts may use electronic systems where filings are digitally transmitted for review. If the petition demonstrates credible urgency, a judge may sign the temporary order the same day, even within hours of filing. Always confirm with the clerk whether the judge is available and how you’ll be notified of the result. Ask: “Will the sheriff serve the order, or do I need to deliver copies myself?” Typically, the sheriff handles service at no cost to you.

For survivors unable to visit in person, some districts allow electronic filing through LegalAtoms, which directly forwards your petition to the proper clerk’s office and notifies you once the case number is assigned. This digital route ensures no time is lost traveling or printing, and it provides a permanent timestamp for legal recordkeeping. Whether filed physically or digitally, submitting your packet officially places your request before the court—activating the emergency review process that could protect you within hours.

Step 5: Judicial review and the issuance of the temporary (ex parte) order

After filing, your petition goes directly to a district court judge for review—this happens the same day in most cases. The judge examines your written statement and any attached exhibits to determine whether an emergency order should be issued without notifying the respondent. Because it’s ex parte, the decision is made solely from your paperwork. For that reason, the completeness and clarity of your petition directly affect the outcome.

If the judge finds “reasonable grounds to believe that the respondent committed sexual assault and that immediate relief is necessary to protect the petitioner,” they sign a Temporary (Ex Parte) Sexual Assault Restraining Order. This order typically lasts until the hearing date (usually within 14 days). It forbids the respondent from contacting or approaching you in any way—by phone, social media, text, or third parties—and may restrict them from specific locations such as your home, work, or school.

Once signed, the judge returns the order to the clerk, who forwards it to the sheriff’s office for service. This makes the order enforceable immediately. From that moment, if the respondent violates any term, law enforcement can arrest them under § 12.1-31-01.2(10). Violations are Class A misdemeanors or, for repeat offenders, felonies. You’ll receive a certified copy of the temporary order—carry it at all times until the final hearing. Keep additional copies at home, work, or school for quick reference by security or HR staff.

If the judge needs more information, they may deny the emergency portion but still schedule a full hearing within 14 days. This does not mean your case is rejected; it simply means the judge wants live testimony before granting relief. Either way, you will receive a Notice of Hearing. In most counties, the clerk or sheriff calls you once the judge’s decision is entered. Always confirm your contact number on the CIF to avoid missed notifications.

Digital petitioners using LegalAtoms receive automatic alerts when their case status changes. The platform syncs with court updates and allows you to download the temporary order PDF once available. This ensures that even petitioners in remote areas or without transport remain fully informed. The judicial review step is where your petition turns into actionable protection—every sentence you wrote becomes enforceable law.

Step 6: Service of the temporary order by law enforcement

Once a judge signs the ex parte order, it must be formally delivered—or “served”—to the respondent before it becomes enforceable against them. In North Dakota, this is done by a sheriff’s deputy or another authorized law-enforcement officer. The clerk automatically transmits the signed order to the sheriff’s office, which prioritizes service in protection-order cases. Service is free of charge. You are not responsible for contacting or delivering the order to the respondent yourself.

The sheriff will personally hand the respondent a copy of the order and the Notice of Hearing. Once served, the officer completes a “Return of Service” form confirming the date, time, and location of delivery, and files it with the court. Until service occurs, the respondent may not be aware of the order’s restrictions—but if they contact you during this period, immediately report it. Even attempted communication can be relevant at the hearing.

If the respondent’s location is unknown, provide as much detail as possible on the CIF: last known address, employer, social media accounts, or frequented places. The sheriff will use these leads to locate them. If service cannot be completed promptly, the court may allow “alternative service” such as posting or certified mail, though this is rare in protection cases. The goal is rapid, verifiable delivery.

For your safety, avoid contact or confrontation during this period. If the respondent shows up unserved, call 911. Law enforcement can confirm whether service has been completed and take steps to ensure your protection. Once service is confirmed, the temporary order is fully active statewide. Every police department can verify its existence through the state’s case-management and law-enforcement databases.

Through LegalAtoms, you can track whether the sheriff has completed service and when the “Return of Service” is filed. This visibility reduces anxiety and ensures you know when your protection is officially enforceable. Step 6 is critical—it operationalizes the paper order into a real, living shield backed by immediate police authority.

Step 7: Preparing for the full hearing within 14 days

After an ex parte order is issued, the court must schedule a full hearing within 14 days. This hearing allows both you and the respondent (if they appear) to present testimony and evidence before the judge decides whether to make the order final. Use this time to organize everything you will need to prove ongoing risk or harassment.

Begin by reviewing your petition and any exhibits you filed. Everything you wrote will be part of the record. Prepare to restate the events clearly, calmly, and consistently. Bring original evidence: text messages, social-media screenshots, photos, or police reports. Label each document for easy reference. If you have witnesses—friends, neighbors, or colleagues who observed post-assault behavior—ask them to attend. Witnesses strengthen your credibility and provide corroboration for incidents you describe.

Judges appreciate preparation. Bring three copies of everything: one for yourself, one for the judge, and one for the respondent. Keep your copies in a folder arranged in chronological order. Practice summarizing your story in 10–15 minutes; long narratives are less effective than factual timelines. Focus on recent events that show continued danger or harassment. For example, “After filing my petition, the respondent sent a message through a mutual friend on May 14” is far more useful than generalized fear statements.

If you filed through LegalAtoms, the platform automatically generates a “Hearing Preparation Checklist” reminding you what to bring. It can also produce a printable “Evidence Summary Sheet” showing exhibit titles and page counts. Reviewing this before the hearing boosts your confidence and ensures no critical document is overlooked. Arrive early—courthouses have security screening, and hearings start promptly.

During the hearing, remain composed even if the respondent appears. Judges observe demeanor; calm, respectful conduct reinforces credibility. The respondent may deny or minimize events, but your focus should remain on factual consistency. If the judge believes that continued protection is necessary, they will issue a final Sexual Assault Restraining Order effective for up to two years. The temporary (ex parte) order remains valid until this final order replaces it. Your preparation in Step 7 determines how strong your case stands during this pivotal proceeding.

Step 8: Attend the full hearing and present your evidence

The hearing is your opportunity to confirm why continued protection is necessary and to make the temporary order permanent. Hearings for Sexual Assault Restraining Orders in North Dakota are formal but accessible. Judges understand that most petitioners represent themselves. When you arrive, check in with the clerk or bailiff and take a seat in the courtroom. Bring your packet, copies of the temporary order, and all evidence you gathered—police reports, text messages, photographs, or witness statements. If you used LegalAtoms, print the “Hearing Preparation Summary” to guide you during testimony.

When your case is called, stand when the judge enters. The judge will ask you to swear or affirm to tell the truth. Begin by restating who you are and why you filed. For example: “Your Honor, I filed a Sexual Assault Restraining Order because the respondent assaulted me on March 8 and has since contacted me multiple times.” Speak slowly and clearly. Present events in order—what happened, how you responded, and how those events make you fear future contact. Avoid speculation; judges weigh facts over assumptions. If you have exhibits, offer them one at a time: “Your Honor, this is Exhibit A, a screenshot of messages sent on April 12.” The clerk will mark and hand them to the judge.

After your testimony, the respondent (if present) can speak. Do not interrupt or engage directly. The judge may ask clarifying questions. When the judge believes all information is sufficient, they will close the hearing and make a decision—either immediately or later that day. If granted, the final order replaces the temporary one and generally lasts up to two years, though it may be renewed upon request. If denied, the temporary order expires at the hearing’s conclusion.

Regardless of outcome, maintain composure. If the respondent violates the order in the future, call law enforcement immediately. Every violation is a criminal offense under § 12.1-31-01.2(10). The hearing concludes the civil phase of your protection request. The final order carries the same legal power as the emergency order but extends longer and can include more conditions—such as firearms surrender or counseling requirements for the respondent. Always request certified copies before leaving court.

Remember: clarity and preparation make the difference. You are not required to have an attorney, but you must tell your story factually and confidently. Using LegalAtoms for pre-hearing preparation ensures all statutory elements are covered, and your printed materials are courtroom-ready. Step 8 closes the emergency phase and transitions your protection to long-term enforcement.

Step 9: Understand enforcement and what to do if the order is violated

Once a judge issues an emergency or final Sexual Assault Restraining Order, it becomes enforceable statewide. Enforcement means that law enforcement officers can act immediately when a violation occurs—no additional warning is required. Under N.D.C.C. § 12.1-31-01.2(10), violating a protection order is a Class A misdemeanor punishable by up to one year in jail and a fine of up to $3,000. Repeat violations or those involving threats, weapons, or physical contact can be charged as felonies. Police are authorized to arrest the respondent on probable cause without a warrant if they have evidence that a violation occurred.

Keep at least two certified copies of your order—one on your person and one at a secure location. Provide copies to your employer, school, or building security so they understand the restrictions and can call authorities if the respondent appears. Add your order to your phone’s digital wallet or cloud storage for quick access. Many survivors also keep a photo of the order’s first page for emergencies.

If the respondent contacts you by any means—text, call, email, social media, or through another person—do not reply. Document the contact immediately: note the time, method, and message content. Report it to the local police department or sheriff. Bring the order and any proof of communication. Officers can confirm its validity through the statewide court database. The law does not require you to warn the respondent; even indirect communication is a violation once service is confirmed.

Sometimes respondents attempt manipulation by apologizing or offering reconciliation. Do not agree to meet or respond. Violations should be reported even if they seem minor. Judges rely on these reports for renewals or contempt proceedings. If you move to another state, the order remains enforceable under the federal Violence Against Women Act (VAWA). Take a certified copy with you; most states honor it automatically under “full faith and credit.”

To simplify enforcement tracking, LegalAtoms lets you upload copies of police reports or violation logs to keep a secure timeline. This organized record strengthens future filings for extensions or contempt actions. Understanding enforcement is not just about reaction—it’s about maintaining a documented chain of compliance so that the justice system continues to protect you effectively.

Step 10: Renewal, modification, or termination of the order

Every Sexual Assault Restraining Order in North Dakota has a defined expiration date—typically two years from issuance. If you still feel unsafe near the end of that period, you may apply to renew the order. Renewal does not require a new assault or new threats, only a credible statement that the risk persists. File a motion for renewal before the expiration date; otherwise, the order lapses automatically. Renewal petitions can be filed using the same form packet available at ndcourts.gov or through LegalAtoms, which includes a “Renewal Request” option that pre-fills your original information.

At the renewal hearing, judges often ask whether the respondent has complied with the order and whether you still fear future contact. Consistent documentation of any violations or suspicious behavior strengthens your case. Even if no violations occurred, the court may renew based on continuing fear that is reasonable and genuine. You can request the same terms or modify specific provisions (for example, extending distance restrictions or removing an outdated address).

If circumstances change significantly—such as relocation or the respondent’s incarceration—you may request to modify the order. Modifications must be approved by the court; neither party can change terms independently. To terminate early (for example, if you no longer feel at risk), file a motion for dismissal. Always discuss such decisions with an advocate before proceeding, as removing protections can have irreversible consequences.

For convenience, LegalAtoms allows survivors to store their current order digitally and receive automated reminders 90 days before expiration. This ensures renewals are never missed. The goal is continuous protection without procedural gaps. Step 10 marks the transition from immediate crisis response to long-term safety planning—ensuring survivors remain empowered to control their protective status through proper renewal or modification.

Costs Associated

There are no fees for filing, serving, or enforcing an Emergency (Ex Parte) Sexual Assault Restraining Order in North Dakota. The statute explicitly waives all court and service fees under § 12.1-31-01.2(12). You may incur optional expenses for printing or legal representation, but these are voluntary. Free advocate assistance is available statewide through local domestic violence and sexual assault centers, many of which are listed on the North Dakota Courts self-help page. LegalAtoms offers free digital preparation and printing instructions to minimize any remaining costs.

Time Required

Ex parte orders are among the fastest civil remedies in North Dakota’s legal system. Judges can sign emergency orders within hours of filing. Hearings occur within 14 days, and final orders are typically entered the same day as the hearing. This rapid process ensures survivors are not left unprotected during the critical first days following an assault. Renewal hearings later follow standard scheduling but are still prioritized over non-urgent civil matters.

Limitations

An emergency Sexual Assault Restraining Order is a civil measure; it does not determine criminal guilt or compensation. It cannot order restitution or damages. Protection extends only to the petitioner and named protected persons. The respondent retains due process rights, meaning they may attend the hearing and present a defense. If the order expires without renewal, it ceases to be enforceable. Petitioners must remain proactive in tracking expiration dates. The order also cannot prevent all indirect exposure—such as seeing the respondent in public spaces—but it does criminalize targeted contact or intimidation.

Risks and Unexpected Problems

Service delays: If the respondent cannot be located, enforcement may be delayed. Provide thorough identifying details.
Miscommunication: Keep your contact info updated with the clerk to receive hearing notices.
Retaliation attempts: Report all violations immediately; the law provides for immediate arrest.
Emotional fatigue: Testifying can retraumatize survivors; bring an advocate or support person.
Renewal gaps: Missing a renewal deadline cancels protection—set reminders early.
Privacy breaches: Always use the Confidential Information Form; never publish case details online.
By preparing thoroughly, filing accurately, and using digital assistance like LegalAtoms, survivors can minimize these risks while maintaining strong, legally recognized protection.

Sources

• North Dakota Courts — Sexual Assault Restraining Order Self-Help Center
• North Dakota Century Code § 12.1-31-01.2
• ND Courts — Protection Order Comparison Guide