North Dakota DCRO Forms Petition Disorderly Conduct Restraining Order
Overview
A North Dakota Disorderly Conduct Restraining Order (DCRO) is a civil court order that tells a person to stop intrusive or unwanted acts, words, or gestures intended to adversely affect someone’s safety, security, or privacy. It is specifically designed for situations where the respondent is not a family or household member and where domestic-violence–specific remedies do not neatly apply. Petitioners use a standardized Petition for Disorderly Conduct Restraining Order and related forms issued by the district courts. A judge may grant a temporary (ex parte) order based on a sworn petition and then hold a prompt hearing before issuing a final order. The forms and process emphasize clarity, speed, and enforceability: you state concrete incidents, request precise “no-contact” and “stay-away” terms, and—if granted—law enforcement can enforce the order statewide. The guide below walks you through the full lifecycle of the DCRO forms, from selecting the correct packet and drafting a fact-focused petition to filing, service, hearing, and post-order follow-through. The goal is practical: help you complete each form line correctly, present evidence that meets the statute, and obtain an enforceable order that protects your safety and privacy.
Who Can Apply for a Disorderly Conduct Restraining Order (DCRO) in North Dakota
Anyone who has experienced intrusive or unwanted acts, words, or gestures intended to adversely affect their safety, security, or privacy can apply for a Disorderly Conduct Restraining Order (DCRO) in North Dakota. The key eligibility requirement is that the petitioner and the respondent are not family or household members. This distinguishes DCROs from Domestic Violence Protection Orders, which apply to intimate partners, relatives, or household relationships. Common petitioners include neighbors experiencing harassment, co-workers enduring repeated verbal abuse, tenants harassed by landlords (without cohabitation), and citizens targeted by persistent stalkers or online harassers.
To qualify, you must show that the respondent’s conduct fits the statutory definition of “disorderly conduct”—that is, a pattern of behavior intended to adversely affect your safety or privacy. Examples include:
- Repeated unwanted visits to your home or workplace
- Following or surveillance through physical or electronic means
- Threatening gestures or messages that cause fear or alarm
- Defamatory online postings designed to intimidate or humiliate
- Sending harassing texts, emails, or social media messages despite requests to stop
A single incident can sometimes justify a temporary order if it is severe (for example, a credible threat of violence or a break-in attempt), but generally courts prefer to see a pattern demonstrating intent and repetition. Petitioners must be at least 18 years old to file on their own. Parents or legal guardians may file on behalf of minors, and guardians ad litem may assist vulnerable adults. Employers, schools, or property managers may file in limited circumstances when collective safety is threatened (for instance, when an employee or student is targeted at the premises).
In contrast, DCROs cannot be used against government agencies, law enforcement officers performing duties, or individuals engaged in constitutionally protected activity. Peaceful protests, public commentary, and labor picketing are exempt even if they are unwelcome. Courts also require that you file in good faith; petitions based on personal disputes, criticism, or minor annoyances are dismissed quickly. The process is designed to balance safety with freedom of expression, ensuring the remedy is reserved for genuinely threatening or privacy-invading conduct.
Practically speaking, anyone in North Dakota who can document a series of harassing or menacing behaviors from a non-domestic person may qualify. This includes both residents and out-of-state visitors if the conduct occurred within North Dakota or if the respondent resides there. For safety, petitioners may keep certain personal addresses confidential by requesting address suppression or using the clerk’s office as the mailing contact. The broad accessibility of the DCRO reflects its goal: giving citizens a fast, fair civil remedy to stop escalating harassment before it turns violent.
Benefits of Filing a DCRO
The benefits of obtaining a Disorderly Conduct Restraining Order extend beyond immediate protection. At its core, a DCRO provides a legal boundary backed by law enforcement power. Once granted, the order prohibits the respondent from contacting, following, or harassing you directly or indirectly. Violating the order is a criminal offense under North Dakota law, enabling police to arrest the violator even without a new act of violence. This converts your safety concerns into enforceable legal safeguards.
A major benefit is accessibility. The forms are written in plain language and available through the North Dakota court system’s Legal Self-Help Center. Petitioners can complete the packet without an attorney, and clerks are trained to explain procedural steps (though not give legal advice). This lowers cost barriers and allows fast action in emergencies. You can file in person or sometimes electronically, and many counties offer same-day review for temporary protection orders.
Another advantage is flexibility. The court tailors each order to the circumstances—no-contact clauses, geographic exclusion zones, and restrictions on electronic communication can be customized. If the harassment occurs online, the order can explicitly prohibit emails, texts, and social-media messages. If physical stalking is the issue, the judge may require the respondent to stay a specific distance away from your home, workplace, or school. The order can even protect children or other household members if they are indirectly affected.
DCROs also offer documentation and deterrence. The process creates an official record of harassment that can be invaluable if future issues arise. Should the respondent reoffend, police and prosecutors already have court-verified evidence of past conduct, allowing for quicker enforcement or escalation to criminal charges. Many offenders stop their behavior once they are served with the order, realizing that further contact could lead to arrest.
Finally, a DCRO brings peace of mind. Victims regain control and predictability over their lives, knowing that legal protections are in place and enforceable across the state. The process itself—writing a factual petition, organizing evidence, and presenting it to a judge—often restores a sense of agency. Even when temporary, the order sends a clear message that harassment has consequences. In short, the benefits combine immediate safety, long-term deterrence, and psychological reassurance through a swift, affordable, and effective civil process.
Step 1: Get the Correct DCRO Forms and Confirm This Is the Right Remedy
Begin by locating the official DCRO packet issued by the North Dakota district courts. Avoid blog templates or third-party forms; courts expect their own versions so clerks and judges can process cases quickly. The packet typically contains (1) the Petition for Disorderly Conduct Restraining Order, (2) instructions, (3) an affidavit or verification page, (4) a proposed temporary order for the judge’s consideration, and (5) service or information sheets to help the clerk and sheriff route documents. Download the newest revision and read the instructions end to end before you write anything. Each field exists for a reason—from identifying the correct county and respondent to specifying the relief you want. Using current forms prevents delays caused by outdated captions, missing advisories, or formatting that cannot be scanned into the court’s system.
Next, confirm you are in the right protection track. A DCRO applies to intrusive or unwanted acts, words, or gestures intended to adversely affect your safety, security, or privacy. It commonly fits stalking-type behavior, surveillance, threats, or persistent harassment by a neighbor, acquaintance, co-worker, or stranger. If the respondent is a family or household member and the conduct includes physical harm or fear of imminent harm, a domestic-violence–specific order may be the better remedy and can carry distinct consequences, forms, and fee rules. Likewise, if the core issue is sexual assault, a sexual-assault restraining order track can be more precise. Selecting the correct path matters because judges look for the elements of the chosen statute in your narrative. If you are unsure, compare the front pages of the different packets: each explains qualifying relationships and conduct in plain language.
Check venue and jurisdiction. File your DCRO in a North Dakota district court in a county where you live, where the respondent lives, or where the conduct occurred. Municipal courts are not the forum for DCROs. If incidents straddle multiple counties, choose the one that optimizes logistics for you—court location, service by the local sheriff, and ability to attend the hearing. If you recently moved for safety, filing where the conduct happened may still be practical so the sheriff can serve quickly at the respondent’s known address.
Preview the packet’s definitions and warnings. The forms will remind you that constitutionally protected activity—such as peaceful picketing or other protected speech—is not “disorderly conduct.” They will also warn that you are filing under oath and that false statements are punishable. The definitions guide your writing: courts evaluate specific incidents, not general feelings. Plan to present a short series of dated events that show a pattern and intent to affect your safety or privacy (e.g., repeated late-night door pounding, threats, following you to work, photographing your home at odd hours).
Review fee and access options. Many courts charge a filing fee; however, you can request a fee waiver using the packet’s indigency forms if cost is a barrier. Some districts allow e-filing or drop-box filing; others require in-person submission with government ID. Ask whether the court will consider an ex parte temporary order the same day—this is vital if the conduct is escalating. If so, you will prepare a proposed temporary order for the judge to sign and plan service immediately after filing. To avoid multiple trips, print three clean copies of everything (court, service, personal record). Place blank tabs or labels on your set; you will use them later at the hearing.
Finally, assemble a pre-petition checklist: full legal names and addresses (home and work) for the respondent; any aliases; vehicle description if helpful for service; two or three strongest incidents (with dates, locations, and any witnesses); police incident numbers if available; and a first pass at the relief you want—no contact in any form, stay-away from home/work/school with a distance radius, and a prohibition on indirect messages through third parties. With the correct forms in hand and this checklist complete, you are ready to draft a precise, fact-anchored petition that meets the statute and positions the court to act quickly.
Step 2: Document Incidents and Complete the Petition with Precise, Sworn Facts
Your petition is the core sworn narrative the judge reads before deciding whether to grant a temporary order and schedule a hearing. Write it so that each statement is concrete, dated, and tied to evidence you can show. Start by outlining three to six incidents that best illustrate the pattern. For each, answer: When (date and approximate time)? Where (address or setting)? What exactly did the respondent do or say? How did that affect your safety, security, or privacy? Who witnessed it (names and contact info)? What proof exists (screenshot, video still, 911 log, photo, email)? Keep sentences short, use the active voice, and avoid adjectives and speculation. Replace “he is terrifying” with “on May 28 at 11:47 p.m., he pounded on my apartment door for about three minutes and shouted, ‘I’m watching you,’ while I recorded a 15-second video from inside.”
Address the statute’s intent element—acts, words, or gestures intended to adversely affect safety, security, or privacy—by letting the pattern speak for itself. Repetition at odd hours, messages implying surveillance, showing up at your workplace, or contacting your child’s school can demonstrate purpose. If the respondent claims “protected speech,” differentiate between constitutionally protected expression and targeted harassment that invades personal security. Judges look for conduct directed at you that reasonably causes fear, alarm, or serious disruption of daily life.
Attach or reference evidence. Print legible screenshots (with visible timestamps and sender names), photos with dates, and short transcripts of voicemails. If you have police case numbers, include them; even if no arrest occurred, the incident number corroborates timing. Number your exhibits (Ex. A, Ex. B…) and cross-reference them in the petition (“See Ex. B, texts June 3–12”). If you cannot attach everything at filing, list what exists and bring full sets to the hearing. Courts appreciate a one-page exhibit index so the bailiff and judge can quickly locate items during testimony.
Be specific in your requested relief. Check “no contact in any form,” list addresses for stay-away zones (home, work, school, places you regularly visit), and include a reasonable distance (for example, 100 yards). Prohibit indirect contact through third parties and ban electronic or social-media messaging. If the respondent has used particular platforms (SMS, WhatsApp, Instagram), identify them so enforcement is unambiguous. If needed, request that the order list alternate names or nicknames the respondent uses so officers can verify identity easily.
Complete caption and identity details carefully. Use the respondent’s full legal name and a serviceable physical address. If the respondent is a business (uncommon for DCROs), list the registered agent. If filing on behalf of a minor, identify your relationship and authority (parent or legal guardian) and use initials if the court’s instructions require confidentiality in public documents. Provide your contact information for court notices; if you have safety concerns about your home address, ask the clerk about how to receive notices without disclosing your residence on publicly accessible copies.
Review verification and oath pages. Most DCRO petitions conclude with a sworn statement under penalty of perjury. Sign exactly as instructed—in front of a clerk or notary if required—and ensure dates match throughout. Typos in addresses, missing dates, or illegible attachments are among the most common reasons petitions get delayed. Before you print your final set, run a “cold read”: pretend you are the judge and ask whether each incident clearly shows intrusive or unwanted conduct directed at you and whether the requested relief matches the risk. If yes, you are ready to file; if not, tighten the language, renumber exhibits, and proof again. This discipline turns your lived experience into a precise, courtroom-ready record that supports a temporary order now and a durable final order after the hearing.
Step 3: File the Petition, Request a Temporary Order, and Plan Service Immediately
Take your completed packet to the district court clerk for filing (or use the county’s approved e-filing or drop-box process if available). Bring the original plus at least two copies. At the counter, say you are filing a Petition for Disorderly Conduct Restraining Order and that you are requesting a temporary (ex parte) order if your facts are urgent. The clerk will time-stamp your documents, assign a case number, and route the file to a judge. If ex parte relief is considered same-day in your district, wait nearby; judges often review DCROs promptly to stabilize volatile situations. Keep your receipt and a stamped copy of your petition; you will need them to track the case and organize exhibits for the hearing.
Be prepared for a filing fee unless you submitted an indigency affidavit. Ask the clerk which payment methods are accepted and whether the fee includes an initial sheriff’s service attempt or certified mailing. If a fee waiver is pending, confirm whether the petition will still be presented to a judge for temporary relief while the waiver is decided. If your court allows e-filing, ensure your PDFs are legible and that exhibit labels remain readable after scanning. Upload the proposed temporary order if the system requests it; some courts want a modifiable word-processing file so the judge can edit terms quickly.
If the judge signs a temporary order, read it before you leave the courthouse. Verify that the respondent’s name, birth date (if known), and addresses are correct; that the no-contact and stay-away provisions match what you requested; and that a hearing date is set. Ask for several certified copies. Keep one with you, place one at your workplace or school security desk if appropriate, and give one to local law enforcement so the order is visible in their systems. If the judge does not grant a temporary order, do not be discouraged; many judges prefer to hear both sides first. In that case, service and preparation for the full hearing become your immediate priorities.
Coordinate service of process the same day you file. The respondent must receive the petition, any temporary order, and the notice of hearing through an authorized method (often the sheriff or a professional process server). Provide a reliable address and practical details (apartment number, typical hours, gate codes, vehicle make) to help the server locate the respondent. Ask the clerk about timelines—how many days before the hearing service must be completed—and how you will know when the proof of service (return) is filed. Mark a check-in date on your calendar one week before the hearing to confirm the return is on the docket; if not, call the sheriff immediately and request an update or a second attempt.
Build a safety and logistics plan for the days around filing and service. Change routines temporarily; inform trusted neighbors and your workplace; keep a certified copy of any temporary order on your person; and save any new messages or encounters that occur after the respondent learns of the case. Ask the clerk about remote appearance options if you fear an in-person encounter at the courthouse. Clarify where to submit additional exhibits that arise after filing (e.g., new texts or surveillance screenshots): some courts allow supplemental exhibits to be dropped off or uploaded a set number of hours before the hearing. Finally, create a slim hearing binder containing your stamped petition, the temporary order (if any), the proof of service, your exhibit sets for the judge and respondent, and a one-page outline of your testimony. With filing complete, service underway, and your binder organized, you are positioned for the hearing phase—and the court has what it needs to issue enforceable protection swiftly and confidently.
Step 4: Serve the Respondent Properly
After filing your Petition for Disorderly Conduct Restraining Order (DCRO), the next essential task is ensuring that the respondent—the person you’re seeking protection from—receives legal notice of the case. This process, called service of process, is what gives the court jurisdiction to act. Without valid service, even the most carefully written petition cannot move forward to a hearing or final order. In North Dakota, the service process must comply strictly with procedural rules outlined by the district courts. Clerks take this step seriously because the respondent’s right to know about the case is constitutionally protected.
When you file, ask the clerk how service is handled in your county. Most courts coordinate with the county sheriff’s office to serve DCRO documents. The sheriff’s deputy personally delivers (or “serves”) a packet containing the petition, any temporary order, and the notice of hearing. This method ensures accuracy and safety. You’ll pay a modest fee for this service unless your fee waiver has been approved. Provide the clerk with every available detail about the respondent—home address, workplace, hours, vehicle description, and any known alternate locations. Deputies often succeed more quickly when they have this background. You are not allowed to serve the respondent yourself or through a friend or family member.
Another option, available in some districts, is service by certified mail with return receipt requested. The clerk or sheriff mails the packet, and when the respondent (or another adult at that address) signs the green return card, that signed card becomes proof of service. If the mail is returned marked “unclaimed” or “refused,” immediately ask the clerk to issue personal service instead. Courts view prompt follow-up as evidence that you’re acting diligently. Do not wait until the hearing date to fix service problems; incomplete service will cause postponement or dismissal.
If you believe the respondent is intentionally avoiding service—refusing to open the door or dodging deputies—you can request alternative service. This might include posting notice at the respondent’s last known address or sending via regular mail in addition to another method. The judge must approve any alternate method, so file a written request explaining what attempts have already failed. Attach copies of returned envelopes or the sheriff’s affidavit to demonstrate good-faith effort. Judges typically grant alternative service only when standard methods have been tried multiple times without success.
Always verify that proof of service has been filed with the court. Ask the clerk or check the online docket about a week before the hearing. If proof is missing, call the sheriff’s office to confirm whether service succeeded. Obtain the deputy’s name, date, and time of delivery. Bring a copy of that documentation to the hearing just in case the court’s file hasn’t been updated. A filed proof of service—usually a sworn return form—locks in jurisdiction, allowing the judge to proceed even if the respondent fails to attend.
Safety planning is critical during this phase. Service can sometimes provoke immediate reactions. If you fear retaliation, alert law enforcement and friends to stay vigilant. Carry a certified copy of any temporary order and contact local police if the respondent approaches or contacts you after being served. Remember: once service is complete, the order is enforceable. Violations should be reported immediately with details such as time, location, and any witnesses. By ensuring proper service, you transform your paperwork into an active, enforceable legal protection that stands up in any North Dakota courtroom.
Step 5: Prepare for the Hearing and Organize Evidence
The court hearing is where your petition becomes a final, enforceable restraining order, so preparation determines success. Once service is confirmed, begin gathering and organizing all relevant evidence. The judge will decide based on credibility, clarity, and proof of unwanted conduct. Start by reviewing your petition and highlighting each incident you mentioned. Then collect corresponding evidence—photos, screenshots, text messages, voicemails, emails, or witness statements. The goal is to show a pattern of intrusive behavior that threatens your peace and privacy. Arrange the evidence chronologically, labeling each piece “Exhibit A,” “Exhibit B,” and so forth. Make three identical sets: one for the judge, one for the respondent, and one for yourself.
If you listed witnesses in your petition, contact them immediately to confirm availability. Witnesses must have firsthand knowledge of the events—hearsay (“someone told me”) isn’t admissible. Ask them to describe specific incidents briefly and factually. If they cannot attend, check with the clerk whether written, notarized statements are allowed. In most cases, in-person testimony carries far more weight. Provide witnesses with the hearing date, courtroom number, parking info, and instructions to arrive early for check-in.
Create a summary sheet that outlines key incidents by date. This helps you stay calm and organized when testifying. Judges appreciate structure—start with the most serious or recent acts, describe them clearly, then explain how they affected your safety or privacy. Practice reading your statement out loud at home. If you feel anxious, focus on the facts rather than emotions. It’s acceptable to bring notes, but avoid reading your testimony word-for-word; speak naturally to convey authenticity.
Check the court’s evidence submission rules. Some districts require electronic copies ahead of time, while others accept paper at the hearing. Ask the clerk whether videos or audio files can be played and what format (MP4, MP3) is compatible. If you’re presenting electronic evidence, bring a USB drive labeled with your name and case number. Also, print screenshots so that there’s a paper backup in the file. Make sure your exhibits clearly show sender names, dates, and messages without cropping.
Dress and act respectfully. You don’t need formal attire, but clean, professional clothing signals seriousness. Arrive at least 30 minutes early, check in with the clerk or bailiff, and turn off your phone. Bring your identification and all paperwork. Once in the courtroom, the judge will first verify attendance and review proof of service. You’ll then have the opportunity to present your side. Stay focused on facts; avoid personal attacks or emotional appeals. If the respondent tries to interrupt or provoke you, remain calm—the judge will control the room.
Your preparation signals credibility and confidence. A well-organized packet shows the judge that you’ve approached the process responsibly and that your request is grounded in evidence, not emotion. Even if the respondent denies everything, your documentation can outweigh verbal denials. Judges in North Dakota routinely note that “organization wins hearings.” Step 5 is therefore your moment to ensure the court sees a clear, factual story of harassment and the need for continued protection.
Step 6: Attend the Hearing and Present Your Case
On hearing day, punctuality, composure, and clarity make the difference. Arrive early to clear security and observe a few cases before yours to understand the courtroom flow. When your case is called, stand and introduce yourself as the petitioner. Address the judge as “Your Honor.” The judge will confirm both parties’ presence and verify service. If the respondent fails to appear but was properly served, the court may proceed without them and can issue a default order. If both parties attend, you’ll each have an opportunity to speak under oath.
Begin your testimony by summarizing your request: “I am asking for a Disorderly Conduct Restraining Order because of repeated unwanted contact and surveillance.” Then walk through your key incidents in order. Refer to exhibits by number rather than handing papers unsolicited—say, “Exhibit B shows the text messages he sent on June 5.” When the judge asks questions, answer directly and honestly. If you don’t know something, it’s fine to say so. Judges value honesty and consistency more than perfect recall.
Remain calm even if the respondent tries to provoke you. Avoid arguing directly with them; all comments should be directed to the judge. If the respondent introduces evidence, you’ll be allowed to review it and respond briefly. If something is untrue, correct it with evidence: “Your Honor, that is inaccurate; Exhibit C shows the correct message thread.” Keeping composure strengthens your credibility and reinforces the seriousness of your request.
If witnesses testify, they’ll be sworn in and questioned briefly. Let each describe what they saw or heard. Don’t coach them or interrupt. After testimony, the judge may ask both parties for closing remarks. Use that moment to restate your need for protection, emphasizing how the conduct has affected your daily life. Avoid emotional exaggeration; focus on continued safety risks.
The judge may issue a decision immediately or take it under advisement. If granted, you’ll receive a signed order specifying restrictions, duration (commonly up to two years), and enforcement details. Obtain several certified copies and keep one with you at all times. If denied, you can discuss appeal options or alternative remedies with the clerk or a legal aid office. Regardless of the outcome, thank the court and exit calmly. Remember: professionalism reinforces credibility. Completing the hearing confidently moves you one step closer to lasting protection and closure.
Step 7: Receive and Understand the Court’s Judgment
After your hearing concludes, the judge’s written order—known as the judgment—will formally resolve your request for a Disorderly Conduct Restraining Order (DCRO). This document is the legally binding decision that defines what happens next. Read it carefully as soon as you receive it. If the order is granted, confirm every detail: the respondent’s full name, the specific restrictions, the expiration date, and whether the order covers any additional people (such as family members). If there are mistakes—misspelled names or wrong addresses—notify the clerk immediately so the judge can issue an amended order. Every enforcement officer will rely on this document, so accuracy is critical.
The judgment typically includes three sections: (1) Findings of fact summarizing the judge’s conclusions about the conduct; (2) Prohibitions specifying what the respondent must stop doing (no contact, no following, no messages, stay 100 yards away, etc.); and (3) Duration and enforcement details. Most DCROs last between one and two years, though the court may issue shorter or longer terms depending on the severity of the harassment. Keep a certified copy of the order with you at all times. Provide copies to local police, your workplace, your child’s school, and any location where enforcement might be required. Officers can confirm validity by checking North Dakota’s statewide database, but a physical copy often accelerates response.
If your petition is denied, read the judge’s reasoning carefully. Denials may occur because the evidence did not meet the “intent” element of disorderly conduct, the incidents were too old or isolated, or the conduct fell within constitutionally protected activity. While disappointing, a denial does not invalidate your experiences—it simply means the specific legal standard for a DCRO wasn’t satisfied. You may consult legal aid about alternative options, such as filing for a harassment charge, trespass complaint, or a workplace protective policy. Some petitioners refile successfully later when new or repeated incidents occur.
The respondent has the right to appeal within thirty days of the final order. Appeals are handled by higher courts and focus strictly on legal or procedural errors, not on re-arguing the facts. During any appeal, the DCRO remains enforceable unless a stay is granted (which is rare). If you are notified of an appeal, stay in contact with the clerk or a legal advocate to understand your rights.
Treat this judgment as both a protection tool and a roadmap. It is your authority to involve law enforcement if violations occur. Memorize the expiration date and mark your calendar to revisit renewal at least sixty days before it expires. The final order closes the initial phase but begins a period of vigilant enforcement and documentation. Keep all related paperwork—judgment, proof of service, correspondence, and violation reports—organized in a single folder or digital file. Doing so ensures you can respond efficiently to any issue that arises over the life of the order.
Step 8: Enforce and Monitor the Order
A DCRO is only as effective as its enforcement. Once you receive the signed order, immediately deliver a certified copy to your local police or sheriff’s department. This ensures officers can verify it during any future call. Many departments automatically enter DCROs into statewide and national databases, but physical copies remain valuable for quick confirmation. Keep one copy on you at all times and one in your vehicle. If you move or travel frequently, notify the nearest law enforcement agency at your new location so they can add it to their local records.
Monitor compliance carefully. Document every attempted contact, appearance, or message that violates the order. Record the date, time, and nature of each incident, and preserve evidence such as voicemails, texts, or social-media posts. If the respondent appears near your home or workplace, call 911 immediately and tell officers you have an active DCRO. Violating a restraining order is a criminal offense in North Dakota, punishable by arrest and prosecution. You do not need to confront or warn the respondent—simply report the violation and provide proof. Officers can verify the order instantly and take appropriate action.
If violations become repetitive, request a contempt hearing through the district court clerk. File a motion describing the violations and attach your documentation. The judge may issue sanctions, fines, or extended restrictions. For serious or continuous harassment, prosecutors can file criminal charges under the state’s harassment or stalking laws. You do not need to re-prove the original case—only that the order was knowingly violated. Keeping your evidence organized and promptly reporting incidents strengthens enforcement and may deter future misconduct.
It’s also wise to periodically check the court’s online docket for updates, especially if the respondent files motions or requests modification. If you change addresses or phone numbers, inform the clerk so you continue receiving notifications. Failing to update contact information could cause you to miss critical hearings or renewal reminders.
Consistent enforcement not only maintains your safety but reinforces the court’s authority. Respondents who learn that violations result in immediate police action often stop harassing behaviors altogether. Step 8 is therefore about vigilance—staying aware, informed, and ready to act through lawful channels every time the order is breached.
Step 9: Modify, Extend, or Appeal the DCRO
Circumstances can change after a DCRO is issued. The law allows either party to request modification, extension, or appeal. Petitioners commonly file for extensions when the harassment resumes or when they still fear for their safety as expiration nears. To extend an order, file a written motion at least thirty days before expiration. Include a declaration describing any continued or recent unwanted conduct and attach supporting evidence. Most judges will grant an extension if credible new incidents have occurred or if the respondent has previously violated the order.
To modify terms—for example, adjusting distance restrictions or clarifying contact permissions—file a motion to amend. Explain why the change is necessary, referencing specific circumstances like workplace relocations or evolving communication channels. The court may hold a short hearing to review the request. Bring updated evidence and copies of your existing order.
Appeals must be filed within thirty days of the judgment. An appeal challenges the legal basis or procedure of the decision, not the facts. File a Notice of Appeal at the same district court, pay the filing fee (or request a waiver), and prepare a transcript if needed. Appeals are reviewed by the North Dakota Supreme Court, which evaluates whether the district judge correctly applied the law. Because appeals are highly technical, consulting an attorney or legal aid organization is strongly recommended.
If the respondent files a motion to modify or dissolve the order, you will be notified and given a chance to respond. Attend the hearing and present your position calmly. The judge will not rescind a DCRO without clear proof that circumstances have materially changed or that the order is no longer necessary. Maintain up-to-date records of any ongoing contact attempts to counter such motions.
Understanding and using these post-judgment tools ensures that your protection adapts to real-world changes. DCROs are flexible legal instruments meant to evolve with circumstances while upholding the petitioner’s right to safety and privacy.
Step 10: Close the Case and Maintain Records
When your DCRO expires or is fulfilled, you should formally close the case. Begin by verifying that there are no active motions, violations, or appeals. If the respondent has complied fully and the order has run its course, file a Notice of Satisfaction or Closure with the clerk. This short document tells the court that enforcement is complete and no further action is needed. Keeping the record tidy prevents confusion later if background checks or verification requests arise.
Next, organize your documentation. Create a digital archive of every key document—petition, proof of service, judgment, violation reports, and closure notice. Label files by date and keep at least one backup in secure cloud storage. Retain the records for at least five years, as future legal or employment matters may reference them. If you move out of state, know that a North Dakota DCRO remains valid and enforceable elsewhere under the federal Full Faith and Credit Clause. Carry a certified copy with you for easy proof of protection.
Take time to evaluate the process. What worked well? Which steps were confusing? Feedback helps courts and victim-support organizations refine resources for future petitioners. You might also connect with local advocacy groups that help survivors transition from reactive safety measures to proactive life planning—changing addresses, updating digital privacy settings, or exploring long-term legal remedies.
Finally, focus on recovery and peace of mind. The DCRO process can be emotionally draining, but reaching closure means you have reclaimed control and established boundaries recognized by law. If new harassment arises later, you now understand how to act swiftly and document effectively. Closing the case is not merely administrative—it’s a symbolic and practical milestone that completes your journey from fear to protection and finally to freedom.
Associated Costs
The process of obtaining a Disorderly Conduct Restraining Order (DCRO) in North Dakota is designed to remain affordable for all citizens, regardless of income. Filing a DCRO petition generally costs between $80 and $100, depending on the county. This filing fee covers the court’s administrative work and, in most jurisdictions, the first attempt at service by the county sheriff. However, North Dakota recognizes that safety should never depend on financial status—so if you cannot afford the fee, you can submit a Request for Waiver of Filing Fees (Affidavit of Indigency). When approved, the judge authorizes you to proceed without payment, ensuring access to protection for everyone.
Beyond the initial filing, there are minor ancillary costs that may arise. Certified copies of the order typically cost $2 to $5 each; these are often necessary for law enforcement, employers, or schools to maintain copies on file. If the sheriff cannot locate the respondent and you must hire a private process server, expect additional costs ranging from $40 to $75 per attempt, depending on travel distance. Filing follow-up motions—such as to modify, extend, or enforce the order—can cost between $30 and $50, unless the court waives those fees due to indigency.
Importantly, if the respondent violates the restraining order, the burden of enforcement shifts to the state. You will not pay anything for police response, contempt hearings initiated by prosecutors, or criminal proceedings arising from violations. These steps are considered part of public safety enforcement. Similarly, no costs are charged to you for the issuance of a bench warrant or arrest related to a DCRO violation.
In practical terms, most petitioners spend less than $100 from start to finish, and many spend nothing at all. The affordability of the DCRO system reflects North Dakota’s legislative intent to prioritize safety over financial barriers. You can confirm your county’s exact fee schedule on the North Dakota Courts DCRO Self-Help Center or by calling the clerk’s office. Every step—filing, serving, enforcing—has a built-in path for fee waivers or state-covered expenses. This cost structure allows any person experiencing harassment to obtain swift, legitimate, and enforceable relief without risking financial hardship.
Time Required
DCRO proceedings move faster than most civil cases because they deal directly with safety concerns. The average timeframe from petition to final order in North Dakota is 30 to 45 days, depending on service efficiency and court scheduling. When you file, many judges will review your petition the same day to determine whether a temporary (ex parte) restraining order should be granted. If approved, this temporary protection takes effect immediately upon service and remains active until the full hearing, which usually occurs within two to three weeks.
The key variable in timing is service of process. If the respondent is easy to locate and the sheriff serves them within a few days, your hearing proceeds on schedule. If multiple attempts are required or alternative service becomes necessary, the timeline can extend slightly. Rural counties may experience minor delays due to travel distances, but courts prioritize protection-order hearings to minimize risk to petitioners. Once the hearing is held, most judges issue a decision on the spot or within a few days.
When the order is granted, its duration is typically one to two years. Petitioners may request shorter or longer periods, and extensions can be filed as expiration nears. If the court denies the petition, you can refile immediately if new incidents occur or appeal the decision within 30 days. If granted, enforcement begins instantly upon service—law enforcement agencies statewide are notified through the judicial database, and any violations can result in immediate arrest.
To stay on schedule, track deadlines closely: (1) verify that service is complete, (2) confirm the hearing date with the clerk, and (3) check that the court has issued and distributed the order properly afterward. Each small step ensures your protection is continuous and timely. Overall, the DCRO process is one of the fastest civil remedies available in North Dakota’s judicial system—simple, standardized, and responsive to real-time safety threats.
Limitations
- Eligibility Restrictions: DCROs are available only for non-domestic relationships. If the respondent is a spouse, relative, or household member, a Domestic Violence Protection Order must be used instead.
- Scope of Relief: DCROs can prohibit contact and harassment but cannot order restitution, counseling, or property return.
- Evidence Requirement: Petitioners must demonstrate a pattern of acts, words, or gestures intended to affect safety or privacy. Vague discomfort or dislike is insufficient.
- Temporary Duration: Orders generally last up to two years. Renewal requires new or continued evidence of harassment.
- Service Dependency: The order is unenforceable until the respondent is properly served through authorized means.
- Appeal Deadlines: Appeals must be filed within 30 days. Missing this window permanently closes that path.
- Jurisdictional Limits: The order protects you within and beyond North Dakota under federal recognition, but enforcement abroad requires additional steps through local authorities.
Authoritative Links
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