How to get a Sexual Assault Restraining Order in North Dakota?

Overview

A Sexual Assault Restraining Order (SARO) is a protective order authorized under North Dakota Century Code § 12.1-31-01.2. It is designed to protect victims of sexual assault by prohibiting an offender from contacting, harassing, or approaching the victim. This type of order applies even if the victim and offender have no domestic or family relationship. The North Dakota district courts handle SARO petitions, and the process is open to self-represented individuals. A court may issue a temporary order (ex parte) immediately upon receiving a petition if it finds reasonable grounds that sexual assault occurred, followed by a hearing within 14 days. The final order can last up to two years and may include no-contact provisions, stay-away zones (home, school, work), and any other terms necessary for safety. Violating a SARO is a criminal offense — a first violation is a Class A misdemeanor, and a second or subsequent violation is a Class C felony. North Dakota’s Legal Self Help Center provides official forms and detailed step-by-step instructions to guide petitioners through the process without requiring an attorney.

Who Typically Benefits & Who Can Apply

A SARO benefits individuals who have been sexually assaulted by someone who is not a family or household member. This distinguishes it from Domestic Violence Protection Orders (DVPOS), which apply when the perpetrator is a spouse, dating partner, or cohabitant. Victims of sexual assault who need legal protection from further contact or intimidation may apply. Parents, stepparents, and legal guardians can also file on behalf of minors. The petitioner must describe specific acts constituting sexual assault, as defined in Chapter 12.1-20 of the North Dakota Century Code (“sexual act” or “sexual contact” without consent). North Dakota Certified Domestic Violence/Sexual Assault Advocates may assist in completing forms and accompany the petitioner in court, but they are not lawyers. The courts welcome self-represented litigants, and the forms are designed in plain language to be accessible to everyone.

Benefits of a Sexual Assault Restraining Order

A SARO provides a structured, enforceable form of protection. It creates a court-ordered barrier that prohibits the offender from approaching, contacting, or threatening the petitioner. Violations are criminally enforceable. The order offers peace of mind and immediate safety through temporary (ex parte) relief. It’s also flexible — the court can include conditions such as staying away from a school, workplace, or residence. The process is relatively fast, often resolved in less than two weeks for temporary relief and under a month for the full hearing. The SARO can last up to two years and may be renewed if threats persist. North Dakota also allows Certified Advocates to assist victims in completing the forms and appearing at the hearing for emotional support. Collectively, these measures empower victims to regain control, establish safety, and prevent further harm.

Step-by-Step Process

Step 1: Determine whether a Sexual Assault Restraining Order is the correct legal remedy

The first and most critical step is confirming that a Sexual Assault Restraining Order (SARO)—not a Domestic Violence Protection Order (DVPO) or a Disorderly Conduct Restraining Order (DCRO)—is the appropriate remedy under North Dakota law. The distinction matters because each order type arises from a different statute and governs different relationships. A SARO is specifically for situations where the respondent (the accused person) has committed or attempted a sexual assault as defined in N.D.C.C. ch. 12.1-20, and where the parties are not family or household members. If there is a family or dating relationship, the case falls under the domestic-violence statutes instead. Many petitioners start with uncertainty, so reading the official North Dakota Courts Self-Help Guide clarifies eligibility criteria before any paperwork is filed.

In practical terms, you qualify for a SARO if someone engaged in non-consensual sexual contact, exposure, or penetration without your consent, and you now fear further contact or harassment. You do not need to have reported the assault to police or have pending criminal charges; the civil order is independent of prosecution. The standard of proof for the court is “reasonable grounds” rather than “beyond a reasonable doubt.” That means your sworn statement describing the incident, dates, and any corroborating details can suffice for temporary relief.

Conversely, if the conduct involved repeated unwanted messages, stalking, or threats without a sexual component, a DCRO is usually the correct mechanism. Using the right form avoids dismissal or refiling delays. North Dakota district courts cannot convert one petition type into another mid-case; the statutes require a fresh filing. Taking a few minutes to compare the definitions in N.D.C.C. § 12.1-31-01.2 (SARO) and § 12.1-31.2-01 (DCRO) ensures efficiency and accuracy.

When in doubt, petitioners can call the clerk of court for procedural guidance (clerks cannot give legal advice) or speak with a Certified Domestic Violence/Sexual Assault Advocate. These advocates, authorized under North Dakota Supreme Court Administrative Rule 34, understand which protection paths apply and can accompany victims to court. They provide trauma-informed assistance and help distinguish between domestic and non-domestic cases. Determining the correct order at the outset prevents emotional strain later, because the judge can focus on substance rather than jurisdictional fit.

Once you confirm that the alleged behavior constitutes sexual assault and that the respondent is not a household member, you are ready to proceed with preparing your petition. Doing so places you on the path to a lawful, enforceable barrier that compels the respondent to cease contact and keeps law enforcement empowered to act upon violations.

Step 2: Contact a Certified Advocate (optional but strongly encouraged)

After confirming that a SARO fits your circumstances, the next step is to reach out to a Certified Domestic Violence Sexual Assault Advocate. Advocates play a non-legal but crucial role in helping petitioners navigate trauma and procedure simultaneously. According to ND Court Rule 34, certified advocates are allowed to assist self-represented litigants in filling printed SARO forms and may accompany them at hearings. They do not provide legal advice, draft strategy, or represent clients in argument, but they can demystify the forms and ensure completeness.

Contacting an advocate early offers several benefits. First, advocates are trained in confidentiality protocols and safety planning. They can assess immediate risk—whether the petitioner should seek temporary shelter, adjust routines, or coordinate with law enforcement for safe filing. Second, advocates often maintain working relationships with clerks and sheriffs, which streamlines communication about service of process and court logistics. Third, emotional stability matters: facing a hearing about sexual assault can trigger anxiety or trauma responses. An advocate’s presence provides calm continuity from preparation through final order issuance.

Petitioners can locate advocates through the North Dakota Council on Abuse Prevention and Intervention, local YWCA branches, or regional domestic-violence programs listed on the nd.gov resource page. Services are free statewide. For rural counties, advocates often provide phone or video support and can coordinate transport on hearing days. Many also assist in completing the Confidential Information Form, which allows the petitioner’s address to remain sealed from public view—a critical safety feature for survivors relocating or living in small communities.

Advocates can also liaise with the Victim Witness Program within the State’s Attorney’s office if criminal charges are pending. While a SARO is civil, coordinated safety planning ensures consistent enforcement. An advocate may remind you to carry copies of any temporary order, explain how to contact police if violated, and help you understand what constitutes a violation under N.D.C.C. § 12.1-31-01.2 (10). They may attend hearings beside you, providing a reassuring presence in the courtroom.

Although you can complete every stage of the SARO process alone, empirical experience from North Dakota’s district courts shows that filings supported by advocates are more accurate and less likely to be returned for correction. Therefore, engaging an advocate is not merely optional; it is an evidence-based best practice that enhances success and reduces emotional burden.

Step 3: Gather and organize evidence before filing

Evidence preparation is the foundation of a persuasive SARO petition. North Dakota’s judges rely heavily on written detail because most petitions are reviewed ex parte for temporary relief before a hearing occurs. To satisfy the “reasonable grounds” standard, your statement must establish what happened, when it happened, where it occurred, and why continued contact endangers you. Begin by writing a chronological timeline: start with the first encounter or assault, include subsequent communications, and describe any threats, stalking, or retaliation afterward. Each entry should specify date, place, and concise description.

Documentary evidence strengthens credibility. Examples include hospital or SANE (Sexual Assault Nurse Examiner) records, police incident numbers, photographs, digital messages, or voicemails. Attach copies—not originals—to your petition. If any materials contain private medical information, highlight only the relevant portions to protect privacy. North Dakota’s Confidential Information Form lets you omit addresses and sensitive identifiers from the public file while still providing them to the court under seal. Ask your advocate or the clerk to confirm correct filing of sealed attachments.

Witness statements are optional but useful. Friends, relatives, or coworkers who observed aftermath or received contemporaneous disclosures can prepare brief written statements. Although notarization is not required, signed statements add weight. If witnesses will attend the hearing, list their names in your preparation notes so you can request their testimony later. The judge may ask open-ended questions about how they know you and what they observed.

Organize everything into three sections: (1) your narrative, (2) supporting documents, and (3) contact information for witnesses or agencies. This structure mirrors how judges review SARO petitions in chambers. It ensures your petition tells a coherent story and that evidence is easy to locate during the hearing. Keep multiple copies in a secure folder—one set for you, one for the court, one for service. If the material feels overwhelming, platforms like LegalAtoms can guide you through a structured questionnaire that automatically orders your information into the correct legal format, generating polished PDFs ready for filing.

Thorough evidence organization serves two purposes: it increases the likelihood of immediate temporary protection and prepares you for the hearing ahead. Courts appreciate precision and honesty; small inconsistencies rarely hurt credibility, but vagueness can. The better your evidence preparation, the smoother the next stages—form completion and judicial review—will be.

Step 4: Complete the official SARO petition and supporting forms

Once you have gathered evidence and confirmed eligibility, the next major milestone is correctly completing the paperwork. North Dakota district courts provide three key forms for Sexual Assault Restraining Orders: (1) the Petition for Sexual Assault Restraining Order, (2) the Confidential Information Form, and (3) the Protection/Restraining Order Cover Sheet. All are available as fillable PDFs on the North Dakota Courts website. The petition is the core document that tells your story; the confidential form protects sensitive information (such as home address and phone number) from public disclosure; and the cover sheet ensures the case is entered into the state’s judicial case management system with correct parties and contact points.

Begin with the petition. Use clear black ink or type electronically. List your name as the petitioner and the offender’s full legal name as the respondent. Describe each incident of sexual assault or contact in chronological order with approximate dates and locations. Include enough detail for a judge to understand what happened without turning the petition into a lengthy narrative — one to two paragraphs per incident is ideal. Avoid legal jargon; stick to facts (“He entered my apartment without permission and touched me under my clothing” is stronger than “He violated my rights”). Check the boxes on page two indicating what protections you seek — typically no contact, stay away from home/work/school, and no indirect messages through third parties.

The Confidential Information Form asks for addresses, birth dates, and contact details. This document is sealed from public view and accessible only to the court and law enforcement for service. Complete it accurately so the sheriff can find the respondent for delivery of papers. The Cover Sheet is administrative and ensures statistical tracking — check the box for “Sexual Assault Restraining Order” under case type and list all protected parties.

Accuracy is critical. A common pitfall is leaving fields blank or using nicknames instead of legal names. If you make an error, draw a single line through the mistake, initial it, and write the correction; do not use white-out. Before signing, reread the petition aloud to verify clarity. Your signature certifies truth under penalty of perjury per Rule 11 of the North Dakota Rules of Civil Procedure. If you need guidance while filling out forms, Certified Advocates may assist free of charge. You can also use LegalAtoms, which presents the forms as plain-language questions and then generates a complete, court-ready packet with all fields filled correctly and ready to print for filing.

Completing the forms thoroughly lays the foundation for court action. Incomplete or unclear petitions are the main reason temporary orders get delayed. Set aside uninterrupted time to review your answers carefully before you proceed to filing.

Step 5: File the petition at the Clerk of District Court

With documents complete, you must file them in the proper county. In North Dakota, file in the district court where you or the respondent reside or where the assault occurred. Take the original petition plus two copies to the Clerk of District Court. Ask for a time-stamped copy for your records. Under N.D.C.C. § 12.1-31-01.2 (12), there is no filing fee for SARO cases — the legislature removed that barrier to ensure victim access. If any staff mistakenly requests payment, politely refer to that statute and the official instructions packet.

Once filed, the clerk assigns a case number and routes the petition to a judge or judicial referee. In smaller counties without resident judges, filings may be scanned to a regional chamber for immediate review. This can result in a temporary order being signed the same day. The clerk also coordinates service with the county sheriff’s office once the judge issues either a temporary order or a notice of hearing. You do not serve papers yourself. Providing accurate addresses on the Confidential Information Form ensures efficient delivery.

When you file, ask these three questions: (1) Will I be notified by phone or mail about the judge’s decision on a temporary order? (2) Does the sheriff automatically serve the respondent, or must I deliver papers to the sheriff’s office? (3) What is the expected hearing date? Getting these answers prevents gaps in communication. Also confirm that your phone number and email are current; missed notices can delay protection.

After filing, store your copy of the petition and any temporary order in a safe place. If you move or change contact information before the hearing, update the clerk immediately. North Dakota courts expect petitioners to keep their address current. Finally, if language barriers exist, ask the clerk about interpreters; the court will provide one at no cost for hearings.

Step 6: Judicial review for a temporary (ex parte) order

Once filed, your petition goes to a judge for initial review. The court examines your written statement and decides whether there are “reasonable grounds” to believe that sexual assault occurred. If so, the judge issues a Temporary Sexual Assault Restraining Order without notifying the respondent — this is called an ex parte order. The temporary order typically forbids contact in any form (including digital communication) and orders the respondent to stay a specified distance from your home, workplace, and school. This order remains in effect until the hearing, which must occur within 14 days of issuance per statute.

If the judge finds the petition lacks specific facts or credible detail, they may deny a temporary order but still set a hearing so both sides can present evidence. Denial of a temporary order does not mean the case is dismissed — it simply means the court wants more information under oath. In either scenario, you will receive a written notice of hearing with the date and time.

Temporary orders provide immediate legal protection. Once signed, law enforcement can arrest the respondent for violating the terms even before the final hearing. Keep a copy with you and provide copies to your employer or school security if relevant. If you believe the respondent has been served but continues contact, call 911 and show officers the order. North Dakota law treats violations seriously: the first is a Class A misdemeanor; a second is a Class C felony.

Remember that temporary orders do not decide fault or guilt — they are preventive. The upcoming hearing will determine whether the order should be extended up to two years. Review your petition again after receiving the temporary order so you can prepare to explain each detail in person at the hearing.

Step 7: Ensure proper service of documents on the respondent

Legal service is the step that activates the court’s authority over the respondent. After a temporary order is issued or a hearing is scheduled, the court directs that the respondent receive formal notice and copies of the petition, temporary order, and hearing information. In North Dakota, the sheriff’s office typically handles service for SARO cases. You should not personally serve the respondent. Provide the sheriff with all possible addresses — home, work, school, and other locations — to maximize success. If the respondent is a minor, their parents or guardians must also be served.

Once served, the sheriff files a Return of Service with the clerk confirming delivery. Keep in touch with the sheriff’s civil division to track status. If the respondent cannot be found, the court may reschedule the hearing to allow more time. Until service is complete, the final order cannot be issued. If the respondent evades service, document any communication or encounters and share them with law enforcement. A temporary order remains valid but unenforceable against someone who has not yet been formally served.

For petitioners facing ongoing threats, advocates can coordinate with the sheriff to arrange safe drop-off zones or escort assistance on hearing days. Always verify that your own address is not revealed on any documents served to the respondent; the Confidential Information Form prevents this, but clerks appreciate a gentle reminder. Once proof of service is filed, mark your calendar for the hearing and begin step eight — comprehensive preparation for court presentation.

Step 8: Prepare thoroughly for the court hearing

The court hearing is where your temporary protection can become a final two-year order, so careful preparation is crucial. Begin by reading your petition aloud and highlighting every event you described; be ready to explain each one calmly and factually. Gather all exhibits you intend to show the judge—text messages, screenshots, police or hospital records, photographs, or witness statements. Organize them chronologically in a folder labeled “Exhibits.” Bring three copies of everything: one for you, one for the judge, and one for the respondent. If you fear seeing the respondent in the hallway, ask the clerk or your advocate about separate waiting areas or security escorts. North Dakota courthouses maintain bailiffs trained for protective-order cases.

Rehearse your testimony. Judges value clarity more than emotional intensity. Explain what happened, how it made you fear for safety, and why ongoing contact would harm you. Avoid legal conclusions—say “he came to my apartment and would not leave” instead of “he trespassed.” If English is not your primary language, request a free interpreter through the clerk’s office ahead of time. Dress neatly but comfortably; appearance should communicate respect for the court without distraction.

Discuss the hearing flow with your advocate: the judge will call the case, confirm appearances, swear in witnesses, and allow you (the petitioner) to testify first. Afterward, the respondent may question you briefly, followed by their own testimony. The judge may ask clarifying questions. Remain composed and focus on facts; emotional authenticity is acceptable, but avoid shouting or arguing. You may read from written notes if memory gaps occur. If an attorney represents the respondent, answer politely and truthfully. North Dakota judges intervene if questions become harassing.

Before the hearing day, review logistics: confirm date, time, and courtroom; arrange transportation; bring identification; silence your phone. Pack water and tissues—hearings can last 30 minutes to an hour. If you need documents from police or medical facilities, request them early. Double-check that your witnesses understand they must attend in person unless the judge authorizes remote appearance. Confidence stems from preparation, and your credibility increases when you appear organized and steady. Your goal is to help the judge see concrete reasons why continued contact from the respondent poses ongoing danger or distress.

Step 9: Attend the hearing and understand the outcome

On the day of your hearing, arrive early to pass security and find your courtroom. Bring your advocate or a trusted supporter if desired. When your case is called, step forward to the podium or table. The judge will confirm your identity and explain the process. You will swear an oath to tell the truth. Start with your prepared statement summarizing why you seek the order. Then describe the incidents of sexual assault, emphasizing specific details: what occurred, when, where, and how it has affected your safety and daily life. Judges appreciate concise, chronological accounts tied to documented evidence. Avoid speculation about the respondent’s motives; focus on behavior and consequences.

After your testimony, you may present exhibits one by one. The clerk or bailiff will mark them for identification. Hand each to the bailiff, not directly to the judge. Clearly state what each item shows (“This is a screenshot of the text message he sent me two days after the assault”). If you have witnesses, call them in the order events occurred. Each will be sworn in. Keep questions simple: who they are, how they know you, what they observed, and what effect they noticed on you afterward. When finished, say “No further questions.” The respondent then presents their side. Stay silent except when cross-examining if allowed, or when the judge addresses you directly. Never interrupt; respectful demeanor carries great weight.

Once both sides finish, the judge may rule immediately or take the matter under advisement. If the order is granted, the judge will specify its duration (up to two years) and restrictions—no contact by phone, email, social media, or third parties; no presence at your home, workplace, or school; and surrender of firearms if applicable. Obtain certified copies from the clerk before leaving. Review every line to ensure names and addresses are correct; clerical mistakes can hinder enforcement. Give copies to your employer, school administration, or security staff as needed. If the judge denies the SARO, request an explanation so you understand deficiencies; you may refile with additional evidence if new incidents occur. Either way, ask when to expect the written order—some counties issue it the same day, others mail within a few days. Remember: once the SARO is signed, it has full legal force statewide and can be enforced immediately by any law-enforcement agency.

Step 10: Enforce, modify, or renew your SARO responsibly

After issuance, enforcement begins immediately. Carry one certified copy of your Sexual Assault Restraining Order at all times. Provide copies to local police, school administrators, and your workplace HR or security office. If the respondent contacts you in any way—calls, texts, emails, social-media messages, appearing at your residence, or sending third parties—do not reply. Contact law enforcement right away, show the order, and document the incident. Under N.D.C.C. § 12.1-31-01.2 (10) and (11), a first violation constitutes a Class A misdemeanor; a subsequent one is a Class C felony. Officers are authorized to arrest without warrant if they have probable cause of a violation.

Sometimes circumstances change. You may wish to modify the order—for example, adjusting distance restrictions if you move or both parties attend the same campus. File a written request (motion) with the district court; the judge will decide whether modification serves safety and justice. Do not rely on informal agreements with the respondent; only a judge can alter or terminate an order. As the expiration date approaches, assess whether you still need protection. If yes, file a renewal petition before the two-year period ends. Courts generally require evidence of continued fear or new incidents. Renewal can extend protection seamlessly without lapse. Failure to renew before expiration means the order ends automatically, and you must start over.

If you relocate to another state, federal law (Violence Against Women Act, 18 U.S.C. § 2265) ensures “full faith and credit.” You may register your North Dakota order with any state court or police department, though registration is optional—your SARO is enforceable nationwide. Conversely, out-of-state victims moving to North Dakota can register existing protective orders at any district-court clerk’s office for enforcement here. Finally, remain engaged with advocates; they can help with safety planning, firearm-surrender enforcement, or connecting you to counseling. Vigilant follow-through transforms the paper order into real-world safety.

Costs Associated

There are no filing fees for a SARO in North Dakota. The sheriff’s department generally serves papers at no cost in protective-order cases. The only potential expenses are for optional legal representation, document copying, or travel to court. Petitioners are not charged for certified copies of the order if required for enforcement. This ensures accessibility for all victims regardless of income. For assistance with paperwork, free services through LegalAtoms or Certified Advocates can minimize mistakes and delays.

Time Required

Once filed, a temporary order may be issued immediately, and the hearing occurs within 14 days. Most cases are resolved in less than three weeks. Final orders can last up to two years. Renewal petitions can be filed before expiration if continued protection is necessary. This expedited schedule underscores the state’s commitment to survivor safety.

Limitations

A SARO is civil, not criminal, meaning it doesn’t convict the respondent of a crime unless violated. The standard of proof (“reasonable grounds”) is lower than criminal proof (“beyond a reasonable doubt”). It is also limited in duration — two years maximum. Petitioners must reapply if threats persist. Public record rules make most filings accessible unless sealed. The order’s power lies in enforcement; victims should immediately report violations for police action.

Risks and Unexpected Problems

Common challenges include delays in service, incomplete petitions, and confronting the respondent at the hearing. Emotional distress is common; support from advocates helps. If the respondent counters with false statements, focus on factual evidence. Another risk is misunderstanding the scope — for example, whether digital contact counts (it does). To mitigate issues, always clarify terms with the judge. Finally, expired orders must be renewed before lapse, or coverage ends. With careful preparation and prompt reporting, these risks can be minimized.

Sources

• North Dakota Courts — Sexual Assault Restraining Order Instructions
• North Dakota Courts Official Forms
• North Dakota Century Code, Section 12.1-31-01.2
• ND Courts — Domestic Violence Protection Orders