Last Updated October 26, 2025

Where do I file a Sexual Assault Restraining Order in North Dakota?

Overview

Filing a Sexual Assault Restraining Order (SARO) in North Dakota is the first step in obtaining immediate and long-term protection from someone who has committed or threatened sexual assault. The process begins at your local North Dakota District Court, which serves as the filing authority for all restraining order petitions under N.D.C.C. §12.1-31-01.2. Each of North Dakota’s 53 counties has a District Court location where you can file, and every clerk is legally required to assist you in completing the paperwork without charging any fees.

Knowing exactly where to file ensures that your petition is accepted, processed quickly, and reviewed by the appropriate judge. Filing in the wrong county can cause delays that jeopardize your safety. As a rule of thumb, you may file in: (1) the county where you live, (2) the county where the respondent lives, or (3) the county where the assault occurred. The North Dakota Court System’s court-locations directory lists all courthouses and clerk contact details. If you cannot travel safely, many counties now accept filings electronically or via mail.

Understanding the correct venue also helps ensure that the order can be quickly enforced. Once granted, your SARO is valid statewide and automatically entered into law-enforcement databases. However, prompt filing with the proper clerk’s office minimizes administrative delays. This article will guide you step by step through identifying the right courthouse, preparing your materials, and submitting your petition both in person and online — all at no cost. Using tools like LegalAtoms can simplify the process by pre-selecting the correct court based on your zip code and automatically forwarding your paperwork to that office.

Who Benefits & Who Can Apply

Any survivor of sexual assault — regardless of gender, age, or relationship to the offender — can apply for a Sexual Assault Restraining Order in North Dakota. You do not need to have filed criminal charges, and you do not need an attorney. Victims under 18 can have a parent, guardian, or appointed advocate file on their behalf. Individuals filing for vulnerable adults may act as authorized representatives under state law.

Those who benefit most from knowing where to file include survivors in rural areas, students attending universities outside their home county, and those who have relocated for safety. Filing locally ensures your hearing is scheduled faster and that law enforcement can enforce the order in your immediate community. Legal advocates, shelters, and hospitals can help survivors connect to the nearest District Court clerk’s office. When unsure which location applies, you may call any courthouse; clerks are trained to guide petitioners to the right venue without charge.

LegalAtoms automatically determines your correct filing location using your address or the incident’s county. This helps avoid jurisdictional errors that can slow down emergency protection. Filing accuracy ensures that the court can issue your temporary order the same day — often within hours — and dispatch law enforcement immediately for service.

Benefits of Knowing Where to File

Immediate protection: Correct filing ensures same-day judicial review for emergency orders.
Jurisdictional validity: Orders issued by the correct District Court are enforceable statewide without re-filing.
Administrative speed: Clerks can serve and distribute the order more quickly within their own jurisdiction.
Safety and convenience: Filing near your home or support network reduces travel and stress.
Streamlined renewals: Filing in the right court simplifies future renewals, modifications, and record access.

By understanding venue rules early, survivors prevent costly delays, maintain confidentiality, and gain faster, safer access to legal protection.

Step 1: Identify the correct North Dakota District Court

Your first step is determining which District Court will accept your filing. North Dakota has eight judicial districts covering all 53 counties. Every county’s District Court accepts restraining order petitions, and all follow the same standardized forms. You may file in the county:

where you live,
where the respondent lives, or
where the assault or harassment occurred.

Choosing the right county ensures jurisdiction, meaning that the court has the authority to issue a legally enforceable order. Filing in the wrong county may lead to delays if the judge must transfer the case. The easiest method to locate your correct courthouse is by visiting ndcourts.gov/court-locations, which lists addresses, phone numbers, and hours of operation. You can also call any clerk’s office; even if it’s not the correct county, they will direct you to the right one. There is no fee for such assistance.

If you’re in immediate danger, file in the nearest courthouse. Judges can issue an ex parte (emergency) order even if you later transfer the case to your home county. Survivors in hospitals or shelters may have advocates deliver filings on their behalf, which is still legally valid under N.D.C.C. §12.1-31-01.2(3). For digital convenience, LegalAtoms automatically selects your correct court when you enter your home or incident ZIP code. The software connects directly to the corresponding clerk’s email system and provides submission confirmation. This automation eliminates the risk of filing errors and ensures your case is routed instantly to the right judicial district.

Step 1 lays the foundation for your entire process: filing in the correct District Court ensures enforceability, administrative speed, and clear communication with law enforcement once the order is granted.

Step 2: Prepare your petition package for the chosen court

After identifying the proper courthouse, the next step is preparing your petition package. This includes all forms and supporting evidence needed for the court to issue a temporary or final restraining order. The essential form is titled Petition for Sexual Assault Restraining Order, available free at any District Court clerk’s office or for download from ndcourts.gov. You can also complete it online using LegalAtoms, which walks you through plain-language questions and automatically generates the official court version.

In your petition, describe the incident(s) of sexual assault or threats as specifically as possible. Include the date, time, location, and any supporting details like text messages, photos, or witness names. Avoid emotional exaggeration — focus on factual clarity. If you have police reports, hospital discharge notes, or prior protection orders, attach copies. There is no cost to include evidence, and you don’t need to notarize your documents. The clerk will handle filing formalities.

Once complete, review your forms carefully for accuracy. Incorrect names or addresses can delay service. If you’re unsure, a clerk or advocate can review your draft before submission at no cost. If you used LegalAtoms, the platform runs an automated “filing readiness” check to ensure all fields comply with ND court requirements. This includes validation for your signature, respondent information, and relief requested.

Organizing your petition package before visiting the courthouse saves time and reduces emotional strain. Bring valid identification and three printed copies of everything (if filing in person). The clerk will stamp and distribute them appropriately — one for the judge, one for the sheriff, and one for your records. Step 2 is where preparation meets precision; by investing effort here, you ensure your filing proceeds smoothly and safely the same day.

Step 3: File your petition in person or online

Once your documents are ready, it’s time to formally file. You can file your petition in two ways: in person at your county District Court clerk’s office or digitally through LegalAtoms. Both methods are equally valid and completely free. Filing in person offers immediate confirmation and, if necessary, a same-day emergency hearing. Filing online provides convenience and privacy, especially for survivors who cannot safely appear at the courthouse.

If filing in person, go to the courthouse during business hours (typically 8 a.m.–5 p.m.). Ask for the civil division and say: “I would like to file a Sexual Assault Restraining Order petition.” The clerk will accept your paperwork, assign a case number, and route it to the judge for review. You will sign a verification form under oath, but not before a notary — the clerk administers it for free. If you require interpreter services or ADA accommodations, request them at this stage; there are no charges for these services either.

If filing through LegalAtoms, upload your completed petition and evidence digitally. The platform automatically forwards your packet to the correct court’s secure inbox. You’ll receive email confirmation and a tracking number within minutes. The system also alerts you once the judge signs your temporary order. This saves travel, printing, and parking costs, and ensures immediate submission even outside courthouse hours. In both filing modes, no fee is charged for court review or law enforcement service.

After submission, check your email or phone for updates from the clerk. You may receive notice of an emergency hearing the same day or a full hearing within 14 days. Filing marks the point where your protective rights begin to activate — and thanks to North Dakota’s fee-free system, every survivor can take this step without financial fear or logistical obstacles. Step 3 solidifies your petition’s entry into the judicial process and triggers the immediate protection mechanisms provided by state law.

Step 4: Attend the initial review and emergency (ex parte) hearing

After your petition is filed, the court immediately conducts an initial review to determine whether an emergency or ex parte restraining order should be issued before the full hearing. This review usually occurs the same day and may even take place within hours of submission. The judge reads your petition and supporting evidence to decide whether immediate danger exists. You are not required to appear before the judge unless clarification is needed. If you file in person, you can wait in a secure area while the judge reviews your case. If you file through LegalAtoms, you’ll receive an email notification once the decision is made.

If the judge determines that you face immediate risk, they will issue a temporary ex parte Sexual Assault Restraining Order. This means the order goes into effect without first notifying the respondent. It instructs law enforcement to serve the order as soon as possible, prohibiting the respondent from contacting or approaching you. The order remains active until the full hearing, which must occur within 14 days by law under N.D.C.C. §12.1-31-01.2(4). Once granted, the clerk forwards copies to the sheriff’s office for service at no cost to you. Police officers can also be dispatched immediately to ensure your safety.

During this stage, advocates or LegalAtoms advisors can help you review the terms of the temporary order. Verify that it includes all required details — your name, the respondent’s name, and the restrictions (no contact, stay-away distances, etc.). If anything is missing, notify the clerk at once for correction. There are no fees for amendments or certified copies. Always keep one copy with you and provide another to your local police department or workplace security if relevant. If you are in a shelter, the staff can store a copy safely and assist with safety planning.

For survivors who filed in the wrong county, the court can issue an emergency order first and then transfer the file to the correct jurisdiction later. This ensures no protection gap occurs. North Dakota’s court system prioritizes safety over administrative technicalities, and there are no transfer fees. Step 4 ensures that once your petition is in the hands of a judge, protection begins immediately — fast, confidential, and cost-free.

Step 5: Locate your hearing venue and prepare for testimony

Within about two weeks of filing, the clerk will schedule a full hearing. This is your opportunity to appear before a judge and explain why you need long-term protection. You will receive a notice with the date, time, and location. Hearings are held in open courtrooms, but judges routinely limit attendance to maintain survivor privacy. You may appear in person or request a remote hearing if travel or safety concerns exist. There is no fee for remote participation.

The hearing usually takes place at the same District Court where you filed your petition. For example, if you filed in Cass County, the hearing will occur at the Cass County District Court in Fargo. You should plan to arrive 15 to 30 minutes early. Bring identification, copies of your order, and any supporting evidence such as texts, photos, or witness statements. If you used LegalAtoms, your “Hearing Prep Packet” will include a neatly formatted timeline of incidents and copies of uploaded evidence. This saves time and helps you present clearly.

When your case is called, stand and address the judge respectfully. Be prepared to explain what happened and why you fear future contact. Avoid emotional confrontation; instead, focus on facts — dates, actions, and impacts. If the respondent is present, do not speak directly to them. The judge will control all communication. You may bring a friend, advocate, or counselor for support. In most cases, hearings take less than 30 minutes. After hearing both sides, the judge may issue a final restraining order, which can last up to two years.

Understanding your hearing venue helps reduce anxiety and confusion. North Dakota’s clerks are trained to accommodate survivors — they can escort you to private waiting areas and ensure safety if the respondent is also present. There is never any charge for these accommodations. Step 5 ensures you feel confident navigating the court environment so you can focus on presenting your truth clearly and effectively.

Step 6: Obtain free certified copies and distribute them strategically

Once the judge grants your restraining order, you’ll receive certified copies of the signed document — and again, these are provided entirely free of charge. The clerk’s office automatically distributes one copy to law enforcement, one to the respondent (via sheriff’s service), and one to you. However, you may request additional copies for employers, schools, landlords, or advocacy organizations. Certified copies confirm that the document is authentic and enforceable statewide.

It’s wise to keep one copy with you at all times. If law enforcement is called, this ensures they can verify the order quickly. You can also store a digital scan in your LegalAtoms account, which serves as a secure, encrypted backup. While electronic versions are not a legal substitute for certified paper copies, they are invaluable for reference when traveling or interacting with authorities in other states. Under federal law (18 U.S.C. § 2265), a North Dakota SARO is enforceable nationwide, meaning you can use your certified copy anywhere in the U.S.

If your workplace or school requires notice of your order for security purposes, provide them a copy immediately. Doing so allows administrators to alert security staff or campus police if the respondent appears. Many employers maintain confidential HR files for such documents, and sharing them can lead to additional workplace protections. Similarly, landlords or housing authorities can use the copy to assist with no-contact enforcement within apartment complexes.

If you lose a copy, you can request a replacement from any District Court clerk’s office without cost. Your case number allows quick retrieval. Step 6 ensures that your protection extends beyond the courtroom — into every part of your daily life where safety matters most.

Step 7: Verify law enforcement entry and enforcement readiness

After your order is issued, North Dakota law requires it to be entered into the statewide Odyssey court management system and the law enforcement database. This ensures that any police officer in the state can verify and enforce your order immediately. Most entries are completed by the clerk’s office the same day, but you should confirm within 24 to 48 hours that your order is active in the system. Call your local police department and ask: “Has my restraining order case number [X] been entered?” You may also verify with the clerk directly.

Law enforcement officers rely on this digital record to respond to calls involving potential violations. Without proper entry, they cannot arrest or cite the respondent even if you show a paper copy. Therefore, verification is a critical step. Once confirmed, record the officer’s name or dispatcher ID who verified your entry for future reference. This gives you confidence that the system is fully aware of your protection order.

In rural counties, database updates may take slightly longer. During this period, always carry your certified paper copy. Police can enforce the order on sight until the system update completes. LegalAtoms provides a “Verification Reminder” feature that automatically prompts you two days after issuance to check entry status. If you move to another city, notify your new local police department so they can log your order into their patrol database as well.

Step 7 ensures that the protective power of your restraining order is fully activated. From this point onward, law enforcement across North Dakota and beyond can act on your behalf — without delay, without cost, and with full legal authority.

Step 8: Understand how inter-county and statewide enforcement works

Once a Sexual Assault Restraining Order (SARO) is issued in North Dakota, it is automatically enforceable in all 53 counties — no matter where it was originally filed. This is because all District Courts operate under one unified court system. If your case originated in Cass County but you move to Ward County, your order remains valid without modification. Enforcement is coordinated through the state’s centralized case management system, known as Odyssey, and through the National Crime Information Center (NCIC) for law enforcement access.

Understanding this statewide reach is important because survivors often relocate for safety, employment, or education. You do not need to re-file or “register” your order again after moving. However, it is advisable to inform your new local law enforcement office of your presence so they can note your order in their patrol database. Bring a certified copy for their records — the clerk provides these free of charge. If you have children or attend college, you can also provide a copy to campus police or child-care administrators to ensure broad awareness and readiness to enforce.

If the respondent follows or attempts to contact you outside your filing county, the police in your new location can still arrest them. Under N.D.C.C. §12.1-31-01.2(11), violations of restraining orders are criminal offenses statewide. Officers can verify the order instantly through their patrol car databases. There is no fee to maintain or update your information; the system is designed for seamless cross-county enforcement. In rural or tribal areas, cooperation between local sheriffs and tribal police ensures protection remains continuous.

For survivors relocating out of state, the Violence Against Women Act (VAWA) guarantees that your North Dakota order is valid nationwide. You do not need to pay for “registration” in another state; however, presenting a certified copy to the local courthouse or police station helps ensure faster enforcement. Step 8 reinforces that filing location is only the starting point — your protection follows you everywhere across North Dakota and beyond, free of bureaucracy or additional costs.

Step 9: Renew, modify, or transfer your order without refiling fees

North Dakota’s laws ensure that your SARO remains free to maintain or update. Whether you need to renew the order after expiration, modify terms, or transfer the case to another county, there are no filing, certification, or service fees. This principle is codified in §12.1-31-01.2(12), which states that courts may not charge petitioners any fee for filing, serving, or enforcing protective orders under this section. This allows survivors to maintain protection indefinitely without worrying about affordability.

Renewals are straightforward. About 30 to 60 days before expiration, file a “Motion to Renew Sexual Assault Restraining Order.” You can do this in person at the original courthouse or online via LegalAtoms. If you’ve moved, you may also file in your new county, and the prior file will be automatically transferred at no charge. The judge may hold a short hearing to confirm that protection is still needed, though no new incident must have occurred — ongoing fear or prior contact attempts are enough. Once renewed, the order continues seamlessly, and the sheriff’s office is automatically notified for enforcement continuity.

For modifications, such as changes in address, employment, or scope of restrictions, you can file a “Motion to Modify Order.” Again, no fees apply. The court understands that survivors’ circumstances evolve. Transferring jurisdiction to another county also incurs zero cost; clerks coordinate electronically through Odyssey. If your safety concerns change — for instance, you relocate to a shelter in another city — advocates can help process the update quickly without travel.

Through LegalAtoms, renewal and modification forms are prefilled automatically using your existing order data. You can update and sign digitally, ensuring speed and accuracy. Step 9 guarantees your ongoing protection remains dynamic, adaptable, and completely free, empowering survivors to control their legal safeguards without financial strain.

Step 10: Use technology and advocates to simplify the process

Technology plays a central role in ensuring that survivors can file and maintain restraining orders safely and efficiently in North Dakota. Platforms like LegalAtoms make it possible to complete, review, and submit SARO petitions entirely online without visiting the courthouse — saving time, money, and emotional strain. For survivors living in rural areas or lacking transportation, this accessibility is transformative.

LegalAtoms asks simple, friendly questions in plain English (and multiple other languages) to complete official North Dakota court forms automatically. It uses your address to select the correct courthouse and sends your completed packet to that clerk’s secure inbox. You can attach photos, text messages, or police reports digitally. Once the judge issues your temporary order, LegalAtoms notifies you instantly and tracks the sheriff’s proof of service. All of this is done without fees or subscription charges — fully integrated with the state’s justice system.

In addition to technology, advocates remain a cornerstone of the filing process. Organizations such as the North Dakota Council on Abused Women’s Services (CAWS) and local domestic violence programs provide free one-on-one help. Advocates can accompany you to court, review your documents, or assist with safety planning and housing referrals. Their collaboration with LegalAtoms enables virtual assistance for those filing remotely. Survivors can choose to share their LegalAtoms form with a trusted advocate before submission, ensuring accuracy and emotional support.

Step 10 emphasizes that legal protection in North Dakota is not just available — it’s designed to be approachable, compassionate, and digital-first. Whether you rely on courthouse clerks, online platforms, or community advocates, you will always find help that’s free, confidential, and accessible statewide. This integration of human and technological support represents the future of trauma-informed justice.

Costs Summary

There are no filing, service, or certification fees for Sexual Assault Restraining Orders in North Dakota under §12.1-31-01.2(12). The court, sheriff, and clerks all operate under this waiver. Any suggestion of a fee should be reported immediately to the clerk’s supervisor or judicial administrator. Optional costs like attorney representation or private service (if chosen) are voluntary. Platforms like LegalAtoms and advocate programs ensure that every petitioner can navigate the process entirely free of charge.

Time Required

Emergency orders can be issued within hours of filing, and hearings are scheduled within 14 days. Renewals typically take one to two weeks. The total time to secure a final order depends on service completion and hearing availability, but the average timeline is under 21 days. Filing digitally through LegalAtoms reduces this time by eliminating paper processing delays.

Limitations

While the filing process is free, some counties may not yet support full electronic submission; in such cases, printing or mailing may still be required. Survivors should also note that restraining orders are civil protections, not criminal convictions — they do not impose jail unless violated. Additionally, the court’s ability to enforce depends on law enforcement’s prompt service, so always verify entry in databases as described in Step 7.

Risks and Unexpected Problems

Misfiling in the wrong county: Though easily corrected, it can delay protection; use LegalAtoms’ automatic county selector to avoid this.
Delayed service: If the respondent evades delivery, law enforcement may need multiple attempts — remain in contact with your clerk.
Incomplete orders: Review your final document carefully to confirm accurate spelling and restrictions.
Technology challenges: Those without stable internet can use advocate offices or libraries to file online free of charge.
Clerical errors: Rare, but always verify database entry after issuance.

By following each step carefully and using the state’s free resources, survivors can ensure uninterrupted and enforceable protection — with minimal stress and zero financial burden.

Sources

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