Overview

The statute titled “Disorderly Conduct Restraining Order – Penalty” under North Dakota Century Code § 12.1‑31.2‑01 establishes both the civil remedy of a restraining order for disorderly conduct and the criminal consequences for violating it. In short, the law allows persons subjected to “intrusive or unwanted acts, words, or gestures … intended to adversely affect the safety, security, or privacy of another person” to petition a district court for a restraining order. :contentReference[oaicite:2]{index=2} That order may last up to two years, mandates specified no-contact or stay-away terms, and must include notice of criminal penalties. Violation of a valid order is a class A misdemeanor, punishable by up to 360 days in jail or a fine up to $3,000 (or both), and law enforcement may arrest without a warrant if probable cause exists.

The importance of this statute lies in its dual nature: it serves both as a preventive civil tool (the restraining order) and as a punitive mechanism (criminal sanction for violation). Because the order addresses non-domestic harassment, stalking-type behaviour, or other intrusive conduct by non-household persons, it fills a unique gap in North Dakota law. Petitioner rights, respondent obligations, service and hearing requirements, and notification to law enforcement are all codified. This framework ensures the court’s order has real enforceability—not just words on paper. The statutory language defines the scope (“intrusive or unwanted acts, words, or gestures”), includes human-trafficking in scope, excludes constitutionally protected activity, and details process steps and notice requirements. {index=4}

Given your role as a software architect at LegalAtoms—while your focus may typically lie elsewhere—understanding the architecture of these legal provisions helps frame the process: you can view it like a system of modules: eligibility → petitioning → hearing → order issuance → enforcement/violation. Each of those modules corresponds to statutory subsections and process steps. What follows is a detailed walkthrough of the ten core steps from eligibility through closure, each grounded in the statute’s provisions. By the end you will have a structured, step-by-step understanding of how § 12.1-31.2-01 works in practice and how the penalties reinforce enforceability.

Who Can Apply for a Disorderly Conduct Restraining Order in North Dakota

Under North Dakota Century Code § 12.1-31.2-01, a Disorderly Conduct Restraining Order (DCRO) is available to any person who has been subjected to intrusive or unwanted acts, words, or gestures that are intended to adversely affect their safety, security, or privacy. The law applies broadly to protect individuals who are victims of harassment, stalking, threats, or intimidating behavior by someone with whom they do not have a domestic or familial relationship.

The following people are specifically eligible to apply:

• Adults experiencing harassment: Any person who has endured repeated unwanted contact, threats, or intimidation that causes fear or substantial emotional distress may petition the court.
• Parents or guardians of minors: A parent, guardian, or other legal custodian may file on behalf of a child who is a victim of disorderly conduct. This ensures minors can receive protection even if they cannot petition independently.
• Vulnerable adults: While not explicitly labeled under this statute, courts often allow caretakers to seek relief when a vulnerable adult is subjected to stalking or harassment outside of a domestic context.
• Victims of human trafficking or exploitation: The law expressly includes human trafficking and attempted human trafficking as qualifying conduct. Victims of such behavior can invoke this statute for protection.

There are, however, certain limitations on who can apply. The DCRO statute is designed for non-domestic cases. If the respondent is a spouse, intimate partner, family member, or household resident, the correct legal path is a Domestic Violence Protection Order (DVPO) under a separate statute. The DCRO is reserved for individuals harassed by co-workers, neighbors, acquaintances, or strangers.

Applicants must be able to identify the respondent by name and show a pattern or incident of “intrusive or unwanted acts, words, or gestures.” Anonymous complaints are not permitted. The law requires a sworn affidavit detailing facts sufficient to justify the order. The petitioner must also demonstrate that the respondent’s actions were not constitutionally protected speech or lawful activity. The focus is on conduct that goes beyond annoyance into the territory of intimidation or fear.

The courts do not require legal representation to file for a DCRO. Individuals may represent themselves (“pro se”) using the official forms available through the North Dakota Courts Self-Help Center. This accessibility ensures that victims can seek relief without incurring attorney fees. Assistance is also available through victim-advocacy groups, clerk’s offices, and local law enforcement.

In summary, anyone — adult or guardian of a minor — who experiences harassment or intrusive conduct that threatens personal safety or privacy may petition for a DCRO. The statute is intentionally broad to ensure that individuals outside the scope of domestic-violence laws still have an avenue for civil protection.

Benefits of a Disorderly Conduct Restraining Order

Obtaining a Disorderly Conduct Restraining Order provides substantial legal and practical benefits for victims of harassment in North Dakota. The statute was designed to offer an immediate, enforceable solution to protect individuals from ongoing intimidation and fear.

Key benefits include:

• Immediate protection: Courts can issue a temporary restraining order the same day the petition is filed, even before notifying the respondent. This “ex parte” order can stop harassment immediately while awaiting a full hearing.
• Enforceability by law enforcement: A DCRO carries the full force of law. Police can arrest a violator without a warrant if they have probable cause to believe the order has been breached. This transforms the order into a powerful deterrent.
• Clear legal boundaries: The order explicitly defines what contact is prohibited — in-person visits, calls, texts, emails, or even indirect messages through third parties. This clarity helps both parties understand the legal limits of interaction.
• No criminal record for petitioner: Filing for a DCRO is a civil action. The petitioner does not risk criminal liability or exposure simply by filing. Only the respondent faces criminal penalties if the order is violated.
• Cost-free process: North Dakota courts typically waive filing fees for restraining orders. Victims can access justice without financial burden. Certified copies may cost a nominal fee, but the protection itself is free.
• Duration and flexibility: A DCRO can last up to two years and be extended upon showing continued need. Petitioners can also request modification or renewal without re-proving past incidents.
• Protection from non-domestic harassment: Unlike domestic violence laws, the DCRO statute protects against harassment by neighbors, coworkers, acquaintances, or strangers — anyone outside a domestic relationship who engages in threatening behavior.
• Judicial oversight: Orders are reviewed by a judge who examines evidence and determines reasonableness. This oversight lends credibility and fairness to the process, reassuring victims their situation is taken seriously.
• Integration with other protections: A DCRO can work in tandem with workplace security policies, school safety plans, and victim-assistance programs, ensuring multi-layered protection.

Beyond physical safety, the psychological and emotional relief provided by a DCRO is invaluable. Victims often regain a sense of control and normalcy once the harassment stops. Knowing that law enforcement and the courts recognize their right to safety reinforces confidence in the legal system.

In essence, the benefit of a DCRO is twofold: it halts ongoing harassment and deters future misconduct through enforceable legal consequences. For those who feel trapped in cycles of intimidation or stalking without a domestic tie to the aggressor, this statute offers a critical lifeline — immediate safety, legal authority, and peace of mind.

Step 1: Determine Eligibility Under the Statute

The first step in implementing § 12.1-31.2-01 is confirming that the situation fits within the statute’s eligibility criteria. The statute begins by defining “disorderly conduct” in the restraining-order context: “intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.” That definition also explicitly includes human trafficking or attempted human trafficking. The statute then provides that a “person who is a victim of disorderly conduct or the parent or guardian of a minor victim” may seek such a restraining order from any court of competent jurisdiction.

Deciding eligibility includes assessing four key components: (1) the nature of the respondent’s behavior; (2) your status as a victim or responsible guardian; (3) relationship context (non-household versus domestic); and (4) jurisdiction and venue considerations.

**Nature of Behavior**: You must identify acts, words or gestures that are intrusive or unwanted, and demonstrate intent to adversely affect your safety, security or privacy. A one-time annoyance may not suffice; the statute expects “intrusive or unwanted” conduct. Behaviour such as persistent following, threats of harm, monitoring, repeated unwanted communication, or surveillance falls squarely within the definition. Because the statute incorporates human trafficking acts, if the respondent’s behaviour meets trafficking definitions, this statute still applies. In contrast, purely protected speech—pubic protest, lawful expression—does not qualify. The statute excludes constitutionally protected activity from its scope.

**Victim Status**: Only the individual who is targeted (the petitioner) or the parent/guardian of a minor victim may initiate. If you are filing on behalf of yourself, you must show you were targeted. If you are filing for a minor, you must be a parent or guardian. The statute restricts petitioning to proper parties.

**Relationship Context**: Although the statute does not explicitly mandate “non-household” in the text of 12.1-31.2-01, the broader context of North Dakota protective-order law suggests that a DCRO is the appropriate track for non-domestic relationships (by contrast to domestic violence protection orders). Practically, you should confirm that the respondent is not a spouse, co-resident or household member, because different statutes apply in those cases.

**Jurisdiction/Venue Considerations**: The petition must be filed in a court of competent jurisdiction within North Dakota. Venue generally lies in the county where the petitioner or respondent resides or where the misconduct occurred. While the statute itself does not detail venue, standard civil-procedure rules apply. Ensure the correct jurisdiction before filing.

By the end of Step 1 you must satisfy eligibility: you (or guardian) are a properly-placed petitioner; the respondent engaged in behavior matching “intrusive or unwanted acts, words or gestures … intended to adversely affect safety, security or privacy”; you are not relying on constitutionally protected activity; and you have appropriate jurisdiction. If any of these is missing, the petition may be dismissed or delayed. Once eligibility is confirmed, you are ready to gather detailed evidence and prepare the petition packet under the statute’s requirements.

Step 2: Prepare the Petition and Supporting Affidavit Under the Statute’s Process Requirements

Under § 12.1-31.2-01 the petition process has specific procedural requirements. Subsection 3 mandates that the petition must “allege facts sufficient to show the name of the alleged victim, the name of the individual engaging in the disorderly conduct, and that the individual engaged in disorderly conduct.” An affidavit made under oath “stating the specific facts and circumstances supporting the relief sought” must accompany the petition.

This means you must draft a petition document that clearly identifies: (a) your name (the victim) or the minor and your guardian details; (b) the full legal name of the respondent; (c) the factual narrative of what the respondent did “intrusive or unwanted acts, words or gestures” directed at you; (d) a statement of intent or effect (that the behaviour was intended to adversely affect your safety, security, or privacy); and (e) a request for the court to issue the restraining order under this statute. The accompanying affidavit must recite the same facts under oath (or affirmation), providing specificity (dates, times, locations, action details, witnesses, prior requests to stop the behavior).

Prepare the petition packet with supporting exhibits, such as screenshots, photos, video logs, witness statements, incident reports, or surveillance data. While the statute does not enumerate exhibit types, courts consistently look for factual detail. The petition and affidavit together must create a credible prima-facie basis for the judge to consider relief. As a software architect building modular workflows, think of the petition as the “input payload” to the system. If any required field is missing or vague, the system fails.

Also include the relief you seek: the statute allows the court to grant an order requiring the respondent to cease or avoid the disorderly conduct, or to have no contact with the applicant. The petition can request both direct no-contact and stay-away terms, and often specifies locations (home, work, school) or methods (electronic communication). Provide clean, typed text, and label exhibits clearly (Exhibit A, Exhibit B, etc.). Submit multiple copies—one for the court, one for service, one for your record.

After drafting, review the petition carefully to ensure all names are correct, all dates and details align, and you have included a verified affidavit. The affidavit must be notarized or sworn before the clerk per local practice. Avoid legalese; use short clear sentences: “On July 12, 2025 at approximately 9:30 p.m. the respondent approached my vehicle in the parking lot, pounded on my driver window and shouted ‘I know where you live.’ I feared for my safety and left work early that night.” Then reference Exhibit C: dashcam photo timestamped July 12. Repetition helps show pattern and intent.

By the end of Step 2 you will have a fully drafted petition and affidavit meeting the statute’s step-3 requirements, supported by a set of exhibits, all ready to file. This preparation sets the stage for filing, temporary relief and service, which are covered next. In the absence of strong factual grounding, the court may deny or delay setting hearing. Precision at this stage improves efficiency and enforceability under § 12.1-31.2-01’s architecture.

Step 3: File the Petition, Seek Temporary Order, and Organize Service as Required by the Statute

Once your petition and affidavit are fully prepared, the next critical step is filing them with the appropriate district court and requesting the temporary restraining order, if required, under § 12.1-31.2-01 sub-section 4. That subsection allows the court, when the petition “alleges reasonable grounds to believe” that the respondent has engaged in disorderly conduct, to grant a temporary restraining order pending full hearing, ordering the respondent to cease or avoid the conduct or have no contact with the petitioner—even without notice to the respondent.

At filing you must submit the petition packet (petition + affidavit + exhibits) and ask the clerk to schedule a hearing date. Under the statute’s sub-section 5 the hearing must occur not later than 14 days after issuance of the temporary order (unless extended for good cause). Importantly, you must also organize service of the respondent: the sheriff must serve the respondent with a copy of the temporary order and the notice of hearing. Without service the court cannot proceed to final restraining order. The statute specifically sets service as a prerequisite in sub-section 5(b).

File at the clerk’s office: pay any required fees (though the statute prohibits charging filing/service fees to petitioners in certain protection-order contexts). Confirm with the clerk: file originals, copies, and ensure your exhibit sets are appropriately tabbed. If you believe urgent relief is needed (escalating threats), ask for same-day temporary order. The judge may sign and return the order, at which point you must coordinate law-enforcement notification and service. The temporary order remains in effect until the final hearing if no other termination is ordered.

Ensure your service logistics are in order: provide the correct address, alternate addresses, workplace location, vehicle description, etc., so the sheriff can locate the respondent quickly. Keep documentation of service time and return form (proof of service). Mark your calendar for the hearing. If service is incomplete, request continuance early—avoid arriving un-served. As a software architect analogy: you are moving from design (petition) into execution (service) phase—both must run without exceptions to avoid system failure.

After filing, you should also start preparing your hearing binder: stamped filing receipt, petition packet, temporary order, proof of service once available, and exhibit sets for the judge, respondent and yourself. Confirm the hearing time and courtroom location. The statute provides for issuance of final order once the hearing is held and the court finds “reasonable grounds” to believe conducted disorderly conduct under sub-section 5(d).

By the end of Step 3 you will have a filed matter, possibly a temporary order in place, and service lined up—or completed. You will have initiated the path toward final order and established enforceable framework under § 12.1-31.2-01. The next steps, including hearing presentation, final order issuance, enforcement, violations/penalties and closure will all build on this foundation.

Step 4: Serving the Respondent and Ensuring Notice

Once your petition for a Disorderly Conduct Restraining Order (DCRO) under North Dakota Century Code § 12.1-31.2-01 has been filed, the next critical stage is ensuring the respondent is legally notified. This procedure—known as service of process—is essential because no order becomes enforceable until the respondent has been properly served. Service guarantees fairness: the accused individual has a right to know the allegations and respond in court. The responsibility for service typically rests with the clerk’s office or sheriff’s department, though the petitioner must ensure accuracy and timely follow-up.

When you file your petition, the clerk will prepare a Notice of Hearing and attach your affidavit detailing the alleged disorderly conduct. If you requested a temporary (ex parte) order, the judge may sign it immediately, granting short-term protection pending the hearing. That temporary order must also be served on the respondent without delay. The standard method of service in North Dakota is personal delivery by the sheriff or a law enforcement officer. The officer personally hands the respondent the papers, confirms their identity, and notes the time and place of service in an affidavit filed with the court. This official record proves that the respondent was informed and triggers the enforceability of the temporary order.

If personal service is not immediately possible, courts may allow alternate service such as certified mail, commercial courier, or publication (if the respondent’s location is unknown). However, such methods must first be approved by the judge and executed precisely according to the court’s directions. Any deviation from proper service may render the order void. Petitioners should always verify addresses carefully—home, work, or other known locations—to assist officers in timely delivery. An order cannot be enforced if the respondent claims they were never served.

Once service is completed, the respondent is bound by the temporary order’s restrictions. Violating the terms—such as contacting the petitioner, appearing at their residence, or sending messages—immediately exposes them to arrest. Law enforcement across North Dakota can confirm the order’s validity in the state’s Protection Order Registry, a secure database used by officers to check active orders. This means that even if the respondent crosses county lines, the order remains enforceable statewide.

Petitioners should confirm that the court’s file includes proof of service before the hearing. If the sheriff was unable to locate the respondent, the judge may reschedule or authorize alternate service. Always keep copies of correspondence and any notices received from the clerk. If harassment continues despite a pending hearing, contact local law enforcement with a copy of the temporary order—they are empowered to act immediately.

Proper service is the legal cornerstone of a DCRO. It transforms a filed petition into a living, enforceable protection order and ensures that both parties have equal footing under due process. Neglecting this step can delay justice and weaken protection, while diligent follow-through guarantees that the next stages—hearing and enforcement—proceed seamlessly.

Step 5: Preparing for the Hearing and Presenting Evidence

Preparation for your DCRO hearing determines whether the court will grant or deny your request for long-term protection. This stage demands organization, clarity, and a firm understanding of what qualifies as “disorderly conduct” under N.D.C.C. § 12.1-31.2-01. The statute defines disorderly conduct as intrusive or unwanted acts, words, or gestures intended to adversely affect another’s safety, security, or privacy. Evidence must show this pattern or severe incident convincingly.

Begin by assembling your evidence packet. Include all materials proving the harassment or unwanted contact: text messages, emails, letters, social media screenshots, call logs, witness statements, or police reports. Label exhibits in order of relevance and create an index to assist the judge. Keep explanations factual and avoid emotional exaggeration. The court’s goal is to verify unlawful behavior, not to referee personal disputes. Any statement that demonstrates fear, intimidation, or privacy invasion is significant, but it must be backed by facts or documentation.

Prepare your narrative. The judge may ask you to explain what happened and why you believe the conduct violates the statute. Structure your explanation chronologically, emphasizing repetitive or escalating actions. Start with how the harassment began, detail specific incidents with dates, and end with how it continues to affect your safety. Judges appreciate concise, logical storytelling supported by clear evidence.

If you have witnesses, ensure they can attend in person. Witness testimony often adds credibility, especially from neutral parties such as coworkers, neighbors, or police officers. Each witness will be sworn in, questioned by the judge, and possibly cross-examined by the respondent. Notify the clerk if you require subpoenas to compel attendance. For sensitive cases, affidavits or written statements may suffice, but confirm with the court whether they are acceptable.

Dress and act professionally during the hearing. Address the judge as “Your Honor.” When presenting exhibits, refer to them by number and explain briefly what each shows. For example: “Exhibit 3 shows a text message where the respondent threatened to follow me to work.” Keep calm even if the respondent denies the allegations or becomes argumentative—the court values composure as much as content.

Finally, request the relief you seek clearly. Specify whether you want a two-year order, restrictions on contact, exclusion from certain areas, or limitations on electronic communication. The court may tailor the order’s terms to your needs. Step 5 culminates in your opportunity to turn factual evidence into judicial protection. Meticulous preparation here often means lasting safety afterward.

Step 6: Understanding the Judgment and Penalties for Violation

After the hearing, the judge will issue a decision—either granting or denying the restraining order. If granted, the final Disorderly Conduct Restraining Order is entered into the statewide registry and remains enforceable for up to two years. The order lists the respondent’s name, the prohibited actions (contact, proximity, communication), and penalties for violation. Understanding these penalties is crucial: violation of a DCRO is a Class A misdemeanor under N.D.C.C. § 12.1-31.2-01(10), punishable by up to one year in jail, a $3,000 fine, or both.

The statute grants law enforcement authority to arrest the respondent without a warrant if they have probable cause to believe the order was violated. This “immediate arrest” clause ensures swift enforcement and protects petitioners from further harm. Each violation counts as a separate offense, meaning repeated breaches can lead to multiple criminal charges. Even indirect or digital violations—like text messages, social-media tags, or third-party communications—qualify if they breach the order’s terms.

Courts may also find violators in contempt of court under Rule 3.2 of the North Dakota Rules of Civil Procedure. Contempt carries additional penalties, including fines or jail time, independent of criminal prosecution. Judges often use contempt findings to punish technical or repeated violations that fall short of new criminal charges but still defy the court’s authority.

If the court denies your petition, you may refile if new incidents occur or substantial evidence arises. Denial does not invalidate prior temporary protections; they remain enforceable until expiration. Conversely, if you win, always carry a copy of your order and provide one to your workplace, school, or building management for enforcement. Law enforcement agencies throughout the state access these orders instantly through statewide databases.

Violations must be reported promptly. When contacting police, give them your order number and explain the specific breach. Officers will verify the order, assess the situation, and arrest if warranted. Keeping a log of dates, messages, or sightings helps document recurring violations. Persistent offenders may face both criminal conviction and civil contempt simultaneously.

Step 6 bridges judicial authority with real-world enforcement. It transforms the judge’s signature into tangible safety backed by the full power of North Dakota law. Knowing the penalties—criminal and civil—reinforces your protection and deters future misconduct. The DCRO process is not merely symbolic; it is a legal command with immediate, enforceable consequences.

Step 7: Attend the Hearing and Present Your Case

The hearing is the moment when your written petition becomes live testimony, and clarity wins cases. Plan to arrive at least thirty minutes early for security screening and check-in with the district court clerk. Bring three tidy sets of all exhibits—one for the judge, one for the respondent, and one for you—plus your petition, any temporary (ex parte) order, proof of service, and a short timeline of incidents. When your case is called, approach confidently and address the judge as “Your Honor.” You will be sworn to tell the truth. Start with a crisp statement of what you are asking for under North Dakota Century Code § 12.1-31.2-01: no contact in any form, specific stay-away distances for your home/work/school, prohibition on third-party or electronic contact, and any tailored relief needed to restore your safety and privacy.

Present facts, not conclusions. Use a simple structure for each incident: date, location, what the respondent did or said, how it affected your safety, security, or privacy, and the exhibit that proves it. For example: “On June 6 outside my office, the respondent waited by my vehicle and stated ‘I’ll find you anywhere’ (Exhibit C, security still). I felt unsafe returning to work, requested escorts, and changed my schedule.” Keep each vignette short. If the judge wants more detail, they will ask. Avoid editorial language (“he’s crazy,” “she’s vindictive”); instead, let repetition and specificity show the pattern and intent. Remember that constitutionally protected activity is excluded by law; your task is to demonstrate intrusive or unwanted acts, words, or gestures intended to adversely affect you—stalking-type behavior, surveillance, threats, or harassment that crosses the line.

Handle exhibits methodically. Number every page, ensure timestamps are legible, and be ready to authenticate them: “These are screenshots from my phone; I printed them the day after the messages arrived.” For audio or video, confirm playback logistics with the bailiff before court begins and have a brief transcript or summary to anchor what the judge is hearing. Witnesses should stick to what they personally observed—no speculation. If a witness is reluctant or cannot attend, ask in advance about subpoenas or remote testimony options, as some courts permit phone or video appearances when good cause is shown.

Expect the respondent to speak. Do not interrupt. Take notes and calmly address inaccuracies when invited to reply. If the respondent claims the contact was accidental or benign, highlight repetition, timing (e.g., late-night appearances), context (after warnings or police calls), and your documented fear or disruption to daily life. If they allege you welcomed contact, point to prior requests to stop, blocked numbers, or reports made. Maintain composure; judges heavily weigh credibility, and even truthful cases can be undermined by argumentativeness or overreach.

Close succinctly. Restate the relief you seek and why it is necessary: “Given the repeated nighttime appearances, threatening statements, and continued messaging after service, I request a final disorderly conduct restraining order prohibiting all direct and indirect contact, with 100-yard stay-away zones for my home and work, and no electronic or social-media contact.” If you fear immediate retaliation, ask the court to clarify that the order is effective upon signing and to ensure prompt transmission to law enforcement. Should the judge ask questions, answer directly and only what is asked. A disciplined, evidence-first presentation maximizes your chances of receiving clear, enforceable protection.

Step 8: Understand the Judge’s Decision and Its Immediate Effects

When the judge rules, the decision will be embodied in a signed Order for Disorderly Conduct Restraining Order. Read it line by line before you leave the courthouse. The operative provisions define exactly what is prohibited (no contact by any means, no indirect contact through third parties, no electronic or social-media messaging, and specific stay-away distances) and for how long the order remains effective. Confirm the expiration date, the addresses covered, and any carve-outs (for example, counsel-to-counsel communications if litigation exists). Ask the clerk for certified copies on the spot. Provide copies to your local police department, workplace or school security, and keep one with you at all times. The clerk will transmit the order for entry into law-enforcement databases so it is enforceable statewide the moment it is signed.

If the order is granted, its violation is a criminal offense under N.D.C.C. § 12.1-31.2-01. The order itself typically contains conspicuous warning language so that officers can arrest on probable cause without a warrant when a violation occurs. Know your next steps: if contact happens—even a single text—preserve it, call law enforcement, and reference the order by case number. If the judge denied an ex parte order earlier but now grants a final order after hearing, the final order supersedes. If the court denies relief, request the reasons. Often denials relate to insufficient proof of intent, lack of specificity, or inadequate service. You may refile if new incidents occur or if you can correct procedural defects. Mark the appeal deadline (commonly 30 days) if you plan to challenge the decision; appeals focus on legal error, not re-trying facts, so consult counsel if possible.

Understand duration and scope. Many DCROs run up to two years, though courts can tailor terms based on risk. If you anticipate continued issues, calendar a reminder 60 days before expiration to assess whether renewal is needed. If the judge included special directives (e.g., no presence within a defined perimeter at your workplace), verify maps and addresses to avoid ambiguity during enforcement. If you move or your workplace changes, consider a motion to modify so the order continues to protect where you actually are. Keep your evidence pipeline active: maintain a log of any post-order harassment, store screenshots, and request incident numbers from police. Good documentation is the backbone of future enforcement or modification.

Finally, internalize the practical effect: a DCRO is civil in origin but carries criminal consequences if violated. That dual structure is deliberate—swift, preventive relief coupled with real teeth. Your job after the ruling is to operationalize the order by distributing certified copies, educating gatekeepers (school, HR, building security), and aligning your safety plan (changed routines, escorts, parking adjustments) with the written terms. Clarity up front prevents misunderstandings later and equips officers to act decisively if the respondent tests boundaries.

Step 9: Enforce or Modify the Order as Needed

An order on paper must be backed by steady, documented enforcement. Begin with a simple, durable system: keep a contemporaneous log of all contact attempts or sightings, noting date, time, location, what occurred, and any witnesses; attach screenshots, voicemail transcriptions, or photos. When a violation happens, prioritize safety—leave the area if needed—and call law enforcement. Provide officers a certified copy of the order and describe the conduct precisely (“Text sent at 10:41 p.m. stating ‘I’m coming over’ despite the no-contact term”). Request an incident or case number and add it to your log. If the respondent continues, persistence of reporting matters; repeated documentation demonstrates willful noncompliance and supports criminal charges or court-imposed sanctions.

Use the court’s tools. A motion for contempt asks the judge to penalize willful violations; a motion to modify adjusts terms to address new risks (expanding stay-away zones, adding work locations, or clarifying “no indirect contact” to include specific apps or intermediaries). The North Dakota Court System’s Legal Self Help Center provides motion templates and filing instructions. Attach your evidence packet to any motion and organize it chronologically with exhibit labels. The court will typically set a short hearing; be prepared to show what changed since the order issued and why the modification or sanctions are necessary to protect your safety and privacy.

Coordinate with institutions. Provide HR or school administrators with a copy of the order and a succinct “if-then” safety script (e.g., “If respondent appears, call 911, notify building security, and escort the petitioner to Room 2B”). For apartment complexes, share the order with management so trespass protocols are clear. If you travel or relocate, leverage the Violence Against Women Act full-faith-and-credit framework: your North Dakota DCRO should be enforced in other states as if issued there. Consider registering the order with local law enforcement at your destination if advised, and always carry a certified copy.

Avoid informal modifications. Even mutual contact does not amend the order; only a judge can change or vacate it. If the respondent asks to “talk it out,” decline and document the request. If circumstances soften or you believe the order is no longer necessary, schedule time with the clerk to understand the process for a joint motion to vacate or for early termination—but until a signed order issues, the existing DCRO remains fully enforceable. Conversely, if risk escalates (e.g., the respondent involves third parties or shifts to online harassment), move quickly for a targeted modification that closes the loophole.

Think long-term. Refresh your safety plan quarterly: review privacy settings, rotate routines, update the list of protected places, and re-brief supervisors or neighbors. Keep an eye on expiration and evidence accumulation for renewal (see Step 10). Enforcement is not vindictive; it is how civil protection accomplishes its public-safety mission. By reporting violations, pursuing contempt when warranted, and tightening terms to reflect reality, you transform a static court order into a living safeguard that deters misconduct and empowers law enforcement to act decisively under § 12.1-31.2-01.

Step 10: Renew, Terminate, or Archive Your Case

Every DCRO has a lifecycle. Most final orders run up to two years, though the court may set a different term. Begin renewal planning about sixty days before expiration. Review your log: have there been post-order contacts, troubling sightings, or indirect messages through friends or social media? Even if there were no outright violations, ongoing fear supported by objective facts (e.g., repeated drive-bys, attempts to locate you) can justify continued protection. File a motion to renew at least thirty days before expiration, using the judiciary’s template if available. In your affidavit, focus on events since issuance and explain why reasonable grounds still exist to believe disorderly conduct may recur absent protection. Attach your updated exhibit packet and propose a continued term with the same or refined terms (for example, updating work addresses or adjusting stay-away radii).

If risk has diminished and you want the order ended early, file a motion to vacate or a joint stipulation if both parties agree. The judge will consider safety first; until a signed termination order issues, all DCRO terms remain in effect. Avoid informal deals. If you have relocated, changed phone numbers, and experienced months of peace, termination might be appropriate, but confirm that law-enforcement records are updated and obtain certified copies of the termination for your files.

Whether renewing or terminating, precision matters. Verify that the order lists the correct legal names, addresses, and scope of prohibited conduct, especially electronic contact provisions (texts, messaging apps, social media DMs). If new platforms or intermediaries have emerged, ask the court to clarify “no indirect contact” to avoid loopholes. If you have ongoing proceedings with the respondent (e.g., small claims, employment, or property issues), request language allowing counsel-to-counsel communications only, keeping personal contact barred.

After the case concludes—by renewal, expiration, or termination—archive your materials. Create a digital folder labeled with the county and case number (e.g., “DCRO_Burleigh_2025”) containing your petition, all orders (temporary, final, renewals, modifications, termination), proofs of service, police incident numbers, and exhibit PDFs. Keep a paper binder as a backup. This archive assists with future background checks, employment paperwork, professional licensing questions, or any later court issues. It also speeds action if you need to refile; you will already have a curated record demonstrating patterns and prior judicial findings.

Finally, adjust your long-term safety plan. Rotate passwords, review privacy settings, consider credit or address-confidentiality tools if appropriate, and re-educate close contacts about not relaying messages. If you travel or move out of state, carry a certified copy of the active order and ask local law enforcement about any optional registration that could expedite enforcement. The spirit of § 12.1-31.2-01 is prevention and deterrence; by renewing when warranted, terminating when safe, and keeping impeccable records, you ensure the law’s protective promise remains real in daily life.

Associated Costs (North Dakota DCRO)

Filing fee: Most North Dakota districts charge a filing fee of about $80 to open a Disorderly Conduct Restraining Order (DCRO) case. Some official and municipal resources specifically list $80 per application for DCROs; always confirm the current amount with your district clerk because fee schedules can change. Domestic Violence Protection Orders (DVPO) and Sexual Assault Protection Orders (SAPO) are generally no-fee, which is one reason to choose the correct track.

Fee waivers: If you cannot afford the filing fee, you can ask the court to waive it by submitting the North Dakota Fee Waiver (indigency) forms with your petition. Judges decide based on your sworn financial information; if granted, you do not pay the filing fee. The statewide Self Help Center publishes the waiver forms and instructions.

Service of process: Serving the respondent may create separate costs depending on county practice and mileage. Many sheriff’s offices post civil process rates (e.g., typical flat fees plus mileage). As an example, Morton County lists $45–$55 depending on location; Stark County lists $30 for general civil process. Note that some counties have recently adopted no-charge service for restraining orders (including DCROs), effective 2025—check with your local sheriff or clerk.

Certified copies: Courts may charge a small per-page fee for certified copies you provide to employers, schools, or law enforcement. Check your clerk’s current fee schedule for per-page or certification charges; the statewide court fee schedule is published and periodically updated.

Follow-on motions: If you later file motions (e.g., to renew, modify, or for contempt due to violations), some courts assess modest civil filing fees unless your fee waiver remains in effect. Ask the clerk whether your initial indigency order (if any) carries over to post-judgment filings.

Private process servers (optional): If sheriff service is unavailable or delayed, you may hire a private process server. Rates vary by distance and number of attempts; obtain a written quote in advance. County-posted civil process fees can help you gauge typical ranges in your area.

Bottom line: For most filers, out-of-pocket costs to obtain a DCRO are limited to the ~$80 filing fee plus any service/mileage charges—often under $100 total—and many petitioners qualify for a fee waiver. Always verify your county’s current figures with the clerk and sheriff before filing.

Time Required

North Dakota DCRO cases generally move faster than most civil matters because they involve personal safety. After you file your sworn petition, a judge may review it the same day to decide whether to issue a temporary (ex parte) order based on “reasonable grounds.” If granted, the temporary order is effective once served and remains in place until the court holds a prompt hearing where both sides can be heard. Exact timelines vary by county and docket, but the judiciary’s DCRO instructions emphasize quick scheduling and careful preparation (e.g., exhibits, witnesses) ahead of the hearing.

Two time horizons matter after the hearing. First, if the court issues a final DCRO, the maximum duration is two years (the judge can set a shorter term based on the facts). Second, if you later need continued protection, you must file for renewal before the order expires; renewal focuses on events occurring after the original order. The statute itself caps relief at two years and requires conspicuous notice that violating a DCRO is a Class A misdemeanor, so enforcement can occur immediately if a valid order is breached.

Limitations

• Scope of relief: A DCRO addresses intrusive or unwanted acts, words, or gestures intended to adversely affect safety, security, or privacy. It does not award damages or broader civil remedies beyond no-contact and stay-away directives tailored to prevent the harassment.
• Proof threshold (“reasonable grounds”): You must present specific incidents (dates, places, witnesses, messages, reports) showing the conduct and its intent; generalized fear without facts is usually insufficient. The official instructions guide self-represented filers on how to present evidence and sworn narratives.
• Duration cap: By statute, relief may not exceed two years. Continued protection requires a new showing on renewal.
• Service dependency: The court cannot move to a final order until the respondent is properly served with the petition and hearing notice; improper or late service typically results in continuances. The instructions outline service mechanics.
• Constitutionally protected activity excluded: Speech or picketing that is constitutionally protected is not “disorderly conduct” for DCRO purposes.
• Relationship fit: DCROs are the harassment track when the parties are not family/household members; intimate-partner cases may belong under other protection-order chapters with different rules and fees. The Self Help Center explains the tracks and forms.
• Appeals are limited: If you appeal, the higher court reviews legal/procedural error; it does not re-try the facts. You must meet strict notice deadlines set by court rules.

Penalties for Violations (N.D.C.C. § 12.1-31.2-01)

Every DCRO must include conspicuous warnings about what conduct violates the order and the criminal consequences of a violation. Under § 12.1-31.2-01, violating a DCRO is a Class A misdemeanor (punishable under North Dakota law) and the order may be enforced statewide once entered and served; sheriffs also have statutory duties to ensure orders are transmitted into law-enforcement systems for enforcement. Practically, this means officers can arrest on probable cause of a violation and prosecutors may file criminal charges separate from any contempt proceedings in the civil case.

Authoritative Links

• North Dakota Courts – Disorderly Conduct Restraining Order (Self Help)
• North Dakota Century Code § 12.1-31.2-01 (PDF – DCRO statute) {index=11}
• Official DCRO Instructions (Rev. Jul 2025)
• Filing Fee Waiver – Forms & Instructions
• North Dakota Legal Self Help Center – General Resources