Sexual Assault Restraining Order vs. Disorderly Conduct Restraining Order North Dakota

Overview

North Dakota offers two principal civil protective mechanisms for people facing unwanted contact or harm: the Sexual Assault Restraining Order (SARO) and the Disorderly Conduct Restraining Order (DCRO). Both empower victims to obtain court-ordered protection, but they differ in purpose, qualifying conduct, and evidence thresholds. A SARO specifically addresses sexual assault or attempted assault, requiring proof that the respondent engaged in sexual contact or behavior constituting a sexual offense under state law. A DCRO, on the other hand, is broader—it covers harassment, stalking, intimidation, and persistent unwanted conduct that seriously alarms or annoys a reasonable person.

The legal foundation for each is clear. A SARO derives from § 12.1-31-01.2, while a DCRO stems from § 12.1-31-01.2.1. Both are issued through North Dakota District Courts, and both can be filed by individuals without attorneys. Filing is free, hearings are expedited, and enforcement is statewide through law-enforcement databases. Understanding which order applies to your situation ensures the correct level of protection and avoids delays that might occur from submitting the wrong petition type.

This article compares the two orders in detail, illustrating how survivors can decide which to pursue, what happens after filing, and how to maintain enforcement. It also demonstrates how LegalAtoms simplifies the process by asking simple qualifying questions and automatically generating the correct North Dakota forms for either order type.

Who Can Apply

Sexual Assault Restraining Order (SARO): Any person who has been subjected to sexual assault, attempted assault, or sexual contact without consent may petition. Unlike domestic-violence orders, SAROs require no intimate or household relationship—the offender can be a stranger, acquaintance, coworker, or anyone else. Minors may apply through parents or guardians, and advocates can assist at no cost. Filing requires a short petition describing the assault or threat and the relief requested, such as “no contact” or “stay away” provisions.

Disorderly Conduct Restraining Order (DCRO): This order protects individuals from repeated harassment or intimidation that seriously alarms or annoys them. Examples include threatening calls, stalking, or harassing texts. The petitioner must show a pattern of conduct, not a single incident, unless the behavior is extreme. The respondent’s intent to harass must be demonstrated, though the standard is civil (“preponderance of evidence”), not criminal (“beyond reasonable doubt”).

Both orders can be filed on behalf of minors or vulnerable adults. Law enforcement, schools, or advocates may help initiate petitions. Using LegalAtoms, a survivor answers guided questions that identify whether the facts qualify for SARO or DCRO protection, preventing misfiling.

Benefits of Understanding the Difference

• Accuracy: Filing the correct order type ensures your petition is immediately accepted by the clerk.
• Speed: Judges review SARO petitions more urgently because of sexual-assault risk factors.
• Scope: DCROs can address non-sexual harassment, providing flexibility when conduct doesn’t involve sexual contact.
• Renewal and enforcement: SAROs last up to two years; DCROs typically one year but may renew indefinitely.
• Zero cost: Both remain free to file, serve, and certify under state statute.

Clarifying these distinctions early helps survivors pursue the strongest possible remedy with no procedural setbacks.

Step 1: Identify the Correct Order for Your Situation

Choosing between a SARO and DCRO begins with clarifying what behavior occurred. Ask: Was there sexual contact or attempted sexual contact? If yes, pursue a SARO. If the harassment was non-sexual—repeated calls, stalking, or intimidation—file a DCRO. North Dakota clerks cannot give legal advice but may confirm which form matches your description.

A SARO requires describing one qualifying incident, while a DCRO typically needs proof of multiple acts. Both petitions are available at every District Court clerk’s office and online at ndcourts.gov. If you use LegalAtoms, its guided interview identifies the correct order automatically based on your answers, reducing stress and error. Filing the correct petition prevents rejection and ensures immediate judicial review—especially critical for sexual-assault survivors needing emergency protection.

Step 1 ensures jurisdictional precision: by naming the right statute in your petition, you trigger the exact legal protections the court is authorized to grant.

Step 2: Collect Evidence Supporting Your Claim

Evidence determines the credibility of your petition. For SAROs, police reports, hospital records, or witness statements about the assault carry significant weight. For DCROs, document the recurring pattern—texts, emails, voicemails, or social-media messages demonstrating harassment. Maintain chronological order and avoid editing messages; authenticity matters more than neatness.

Advocates and LegalAtoms provide free templates to log dates, times, and behaviors. Uploading evidence digitally creates automatic timestamps useful for court authentication. Always keep originals in a safe place and make copies for the clerk. You don’t need notarization; the clerk will verify your signature under oath. Proper documentation speeds hearings, minimizes cross-examination trauma, and strengthens enforcement once granted.

Step 2 builds the factual backbone of your request—objective proof that transforms allegations into admissible evidence.

Step 3: File Your Petition at the District Court

Once your documents are ready, file them with the clerk of District Court in the county where either party lives or where the incident occurred. North Dakota’s courts accept filings in person, by mail, or electronically. There is no filing fee. The clerk will assign a case number and route the petition to a judge for same-day review if emergency relief is requested.

If you file in person, bring photo identification and three copies of your petition. If filing online through LegalAtoms, the system sends your completed form directly to the appropriate clerk, confirms receipt, and tracks review status in real time. You’ll receive an email once the judge issues a temporary order or schedules a hearing. For sexual-assault cases requiring immediate protection, the judge can issue an ex parte order effective the same day.

Step 3 formally activates the judicial process, converting your written account into a legal proceeding that mandates law-enforcement response statewide.

Step 4: Request Temporary Protection (Ex Parte Order if Needed)

Once your petition is filed, you can ask the judge for an immediate temporary order—known legally as an ex parte restraining order. This order provides instant protection before the formal hearing. Judges issue it the same day when the affidavit shows clear risk of further harm or harassment. For SAROs, even one sexual-assault incident qualifies as sufficient danger. For DCROs, evidence of recent threatening or stalking behavior often meets the threshold.

When you submit your request, specify that you are seeking “temporary (Ex Parte)” relief. You do not need to notify the respondent; the court will do so after granting the order. The judge reviews your petition and any attachments immediately. If approved, you receive a signed document directing the respondent to cease contact and stay away from your home, work, and school. Law enforcement enters the order into the state and national protection databases within hours.

Through LegalAtoms, you can electronically flag your petition as “Emergency” to alert the clerk and judge for same-day review. You’ll receive an email notification once the temporary order is signed, and a PDF copy for your records. You can also print it or forward it to your local police for immediate enforcement. This step is crucial because protection begins the moment the order is entered—not when the respondent is personally served.

Step 4 is about speed and safety: it ensures survivors receive legal coverage while waiting for the formal hearing and serves as the first visible signal to law enforcement that danger exists and must be treated as an immediate priority.

Step 5: Serve the Respondent Properly through Law Enforcement

After a judge grants your order, the respondent must be officially served before it becomes enforceable. In North Dakota, service is performed by the sheriff or a designated law-enforcement officer at no cost to you. You should never attempt to serve the papers yourself. The clerk forwards copies to law enforcement for delivery and files proof of service once completed.

Service includes handing the respondent the petition, temporary order, and notice of hearing. If the respondent is evading service, the sheriff can make multiple attempts or arrange for alternate service methods approved by the court (such as workplace delivery or certified mail). The goal is to ensure the respondent has actual notice of the order before the hearing date.

Both SARO and DCRO statutes require swift service—usually within 24 hours of issuance. The moment service is verified, law enforcement enters the confirmation into the Odyssey system, allowing officers statewide to see that the respondent has been notified and is legally bound by the order. Failure to serve correctly is the most common reason orders lapse unenforced.

Through LegalAtoms, you can track service progress in real time and receive alerts when delivery is complete. Step 5 transforms the judge’s signature into a working, enforceable safeguard recognized by every officer in North Dakota.

Step 6: Prepare for and Attend the Court Hearing

The hearing is where the judge determines whether to grant a final restraining order. Both SARO and DCRO hearings occur within 14 days of filing. You’ll testify under oath and may present witnesses or documents. The respondent may also speak. Judges often make their decision immediately after hearing both sides.

For a SARO, describe the assault incident clearly but succinctly. You do not need graphic detail—focus on facts showing non-consensual contact. For a DCRO, present the pattern of conduct: how often the respondent contacted you, what was said, and how it affected your daily life. Bring printed texts, photos, or emails. You may ask an advocate to sit beside you or arrange remote testimony if you fear seeing the respondent.

Judges in North Dakota are trained to handle these cases sensitively. They can limit cross-examination to reduce trauma and allow testimony from behind a partition if necessary. LegalAtoms pre-populates a “hearing packet” containing your evidence and timeline, making presentation organized and efficient. A decision granting a final order extends protection for up to two years for SARO and one year for DCRO.

Step 6 is your moment of empowerment: by appearing prepared and focused, you show the court that you deserve long-term protection under North Dakota law.

Step 7: Understand How Each Order Is Enforced and Renewed

Once the judge signs the final order, enforcement occurs automatically. Police departments and sheriff’s offices access the Odyssey and NCIC databases to verify order validity instantly. Violating a SARO is a criminal offense under § 12.1-31-01.2(11); violating a DCRO is similarly punishable under § 12.1-31-01.2.1(9). Both carry potential jail time and fines.

Renewal differs slightly: SAROs can extend up to two years at a time and be renewed before expiration with a simple motion. DCROs often last one year but are renewable indefinitely if harassment continues. You need only show ongoing fear or threats—not new incidents—to justify renewal. Clerks provide short renewal forms free of charge, and LegalAtoms offers automated renewal reminders with pre-filled filings.

Enforcement is statewide and reciprocal: other states honor North Dakota orders under the federal Violence Against Women Act (VAWA). If you move, file a copy with your new local sheriff to ensure protection follows you. Step 7 marks the transition from courtroom victory to practical safety—making the paper order a living instrument of security that travels with you everywhere you go.

Step 8: File for Renewal or Modification Before Expiration

Every restraining order in North Dakota has an expiration date—two years for a Sexual Assault Restraining Order (SARO) and generally one year for a Disorderly Conduct Restraining Order (DCRO). If your safety concerns continue, file for renewal before it expires. Renewal petitions are free, short, and can be submitted without showing a new violation. You only need to explain that fear or harassment persists. Judges often renew orders automatically if previous violations occurred or if the respondent’s behavior suggests risk remains.

Begin renewal about 45 days before expiration. The District Court provides a simple “Motion to Renew or Modify” form. Through LegalAtoms, you’ll receive automatic alerts 60, 30, and 10 days before expiration, along with a pre-filled renewal form. You can adjust its terms—for example, requesting a longer stay-away distance, adding digital-contact prohibitions, or including new addresses like workplaces or schools.

For SAROs, renewals can continue in two-year increments without limit. DCROs can be reissued yearly. If the respondent has relocated, you may file in your current county of residence. After filing, the court schedules a short hearing (usually by phone or video) where the judge reviews your reasons and decides the extension. The process rarely requires the respondent’s presence unless they contest it. Renewal keeps protection uninterrupted—no gap, no lapse, no exposure.

Step 8 ensures continuity of safety. By renewing early, you maintain your protective shield seamlessly and demonstrate to the court that vigilance and courage define your path forward.

Step 9: Coordinate with Law Enforcement for Violations or Transfers

Even after final issuance, enforcement is key. If the respondent violates either a SARO or DCRO, call police immediately. Officers can confirm order validity in the state’s Odyssey and national NCIC systems and make a warrantless arrest based on probable cause. Each violation is a separate criminal offense, punishable by fines, jail, and contempt sanctions. North Dakota follows a zero-tolerance policy for protection order violations.

If you move to a different county or out of state, file a certified copy of your order with your new local law enforcement agency. Thanks to federal law (VAWA), your North Dakota order remains valid across state lines—no need to reapply. LegalAtoms allows you to download certified digital copies for safe transport or online verification by new officers. You can also share the link securely with your employer, school security, or landlord.

Regular coordination keeps every layer of the system synchronized: you, police, prosecutors, and the court. If any department updates contact details or modifies patrol zones, verify that your order remains listed in active protection databases. Step 9 transforms legal boundaries into everyday reality—ensuring your safety follows you wherever life leads.

Step 10: Access Long-Term Support and Understand Record Sealing

Once your protective order is stable, you may want to explore long-term recovery and privacy measures. Survivors can access ongoing counseling, employment protection, relocation help, and record confidentiality through statewide programs. The North Dakota Council on Abused Women’s Services (CAWS) coordinates these resources at no cost. Advocates can help create safety plans and connect you with legal-aid attorneys for employment or housing discrimination issues linked to your case.

North Dakota also allows survivors to request that their restraining order records be sealed from public online viewing in certain circumstances, such as when the risk of retaliation is high. While courts retain full access, sealing removes your name from online court searches, preserving privacy. To request sealing, file a “Motion to Restrict Access” with the clerk. LegalAtoms includes a pre-filled version of this motion in your account if you qualify based on safety criteria.

Step 10 closes the circle: your order began as a plea for safety and evolves into a foundation for lasting security and dignity. By engaging long-term support networks, you move beyond crisis management toward empowerment and independence.

Costs

Both Sexual Assault and Disorderly Conduct Restraining Orders are completely free to file, serve, enforce, and renew. North Dakota law prohibits charging petitioners any filing or service fees. All assistance from clerks, advocates, and LegalAtoms is cost-free. Only optional services—such as obtaining multiple certified copies for personal archives—may incur minor printing fees (usually under $2 per copy).

Time Required

Emergency orders (ex parte) can be issued within hours of filing. Hearings for final orders occur within 14 days. Renewals and modifications are processed within one week. Because LegalAtoms enables direct e-filing and notification tracking, processing time is often cut by 50% compared with paper submissions. DCRO renewals tend to move slightly faster due to fewer evidentiary requirements.

Limitations

Each order type protects within its legal boundaries. A SARO specifically guards against sexual assault–related contact or harassment, not unrelated disputes. A DCRO, while broader, may not apply if conduct lacks an intent to harass. Additionally, restraining orders cannot compel counseling, apology, or restitution; those are separate civil or criminal remedies. Rural enforcement may occasionally face communication delays between counties, though digital verification continues to improve statewide.

Risks and Unexpected Problems

• Misfiling: Petitioners sometimes request the wrong order type. LegalAtoms prevents this by analyzing answers and generating the correct forms automatically.
• Incomplete service: Orders unenforced due to missed service deadlines. Always confirm delivery through the sheriff.
• Emotional strain: Hearings can feel re-traumatizing. Seek advocate presence or virtual appearance to reduce distress.
• Respondent retaliation: Any contact or intimidation attempt should be reported immediately as a new violation.
• Expiration oversight: Always renew before the expiration date; even one-day lapses can leave you unprotected.

Being aware of these pitfalls ensures you remain proactive, informed, and supported throughout every stage of your case.

Sources

• North Dakota Courts – Sexual Assault Restraining Order
• ND Courts – Disorderly Conduct Restraining Order
• North Dakota Century Code §§ 12.1-31-01.2 & 12.1-31-01.2.1
• North Dakota Council on Abused Women’s Services (CAWS)