Who can file a Sexual Assault Restraining Order in North Dakota?

Overview

A Sexual Assault Restraining Order (SARO) is a civil remedy that allows a survivor of sexual assault to obtain enforceable protection from further contact, intimidation, or harassment by the offender. In North Dakota, these orders are governed by N.D.C.C. § 12.1-31-01.2 and are administered through the district-court system. Unlike criminal prosecutions, a SARO does not depend on an arrest or conviction—it can be granted solely on the petitioner’s sworn statement if the judge finds “reasonable grounds” to believe a sexual assault occurred. The process is designed to be accessible to self-represented litigants and emphasizes victim safety over procedural formality.

Knowing who may file is crucial. North Dakota’s statute intentionally casts a wide net to ensure that any individual subjected to sexual contact or acts without consent can access court protection, regardless of relationship to the perpetrator. Parents, stepparents, and legal guardians may file on behalf of minors. Certified advocates under Administrative Rule 34 may assist with paperwork, accompany petitioners in court, and help articulate facts clearly, though they do not offer legal advice. Every county clerk’s office provides the official forms, and petitioners can also prepare them through friendly guided tools like LegalAtoms.

Who Benefits & Who Can Apply

Typical beneficiaries include adult survivors of acquaintance rape, date rape, sexual contact by coworkers or neighbors, or assaults committed by strangers. Because SAROs apply only when the respondent is not a family or household member, they fill the protection gap that Domestic Violence Protection Orders cover for spouses, partners, or relatives. A parent, stepparent, or legal guardian may petition for a minor victim; the statute also allows filing on behalf of an adult who is incapacitated and unable to act independently. Organizations themselves cannot file—only natural persons may petition—but an advocate or attorney may help draft and submit paperwork.

Petitioners must file in district court using their county’s forms. They need only describe the sexual assault in good-faith detail and identify the respondent by legal name or sufficient description for service. No police report, medical evidence, or attorney representation is required, though such evidence strengthens the petition. Survivors benefit from an order that clearly forbids contact and can be enforced criminally, giving them space to heal and rebuild without fear of continued intrusion.

Benefits of Filing a Sexual Assault Restraining Order

Filing a SARO accomplishes several protective and procedural advantages:

• Immediate Safety Relief: Judges can issue temporary ex parte orders within hours of filing, halting contact before the hearing.
• Enforceable Boundaries: Police may arrest violators on the spot under criminal penalty.
• No Cost Access: Filing and service fees are fully waived by law.
• Independent of Criminal Process: Survivors gain civil protection even if criminal charges are pending or never filed.
• Renewable Protection: Final orders last up to two years and can be renewed indefinitely with continued need.

These benefits demonstrate why understanding who can file—and how—is critical. Below, each step details the legal and practical path for qualified petitioners in North Dakota.

Step 1: Confirm your eligibility to file a SARO

The first step is verifying that you, or the person you represent, meet statutory eligibility requirements. Under § 12.1-31-01.2(2), “a person who is a victim of a sexual assault” may file a petition. The law defines sexual assault broadly, incorporating any “sexual contact” or “sexual act” performed without consent under Chapter 12.1-20. There is no minimum age for a victim; minors file through a parent, stepparent, or legal guardian. A key feature is that no familial or domestic relationship is required—indeed, if one exists, the correct remedy is a Domestic Violence Protection Order instead. Determining this distinction at the outset prevents misfiling and procedural delay.

To evaluate eligibility, ask: (1) Did the respondent engage in non-consensual sexual behavior? (2) Was I or the person I represent directly affected? (3) Do I seek protection from further contact? If the answer to all three is yes, you qualify. Evidence such as police reports, medical documentation, or witness accounts may strengthen the case but is not mandatory. Judges often rely solely on the petitioner’s sworn narrative when granting temporary orders. Survivors of older incidents may still apply if ongoing fear or contact exists—the statute imposes no time limit on reporting, though recency can influence the judge’s sense of urgency.

For minors, guardianship proof may be requested—typically a birth certificate or court order showing legal custody. Adults who are incapacitated (for example, cognitive impairment) can have a conservator or next-of-kin file. Advocates help ensure supporting documentation accompanies the petition. Once eligibility is confirmed, the petitioner can confidently proceed to drafting, knowing the court has jurisdiction to act on their behalf.

Step 2: Determine whether to file on your own or through representation

Next, decide whether to proceed pro se (on your own) or with assistance. North Dakota’s SARO process is intentionally user-friendly, allowing petitioners to self-file without lawyers. However, certain situations make professional support advisable: when multiple incidents span jurisdictions, when criminal proceedings are active, or when the petitioner expects the respondent to appear with counsel. In those instances, consulting an attorney through Legal Services of North Dakota or a private practice can clarify strategy and courtroom procedure.

For most survivors, a Certified Domestic Violence/Sexual Assault Advocate provides sufficient non-legal help. Under Administrative Rule 34, advocates may assist with form completion, attend hearings, and help articulate facts clearly but cannot offer legal argument. They often accompany petitioners to the clerk’s office and coordinate service with law enforcement. Their trauma-informed presence helps maintain composure during hearings. Choosing representation is not about capability but comfort: if the paperwork feels overwhelming, or if cross-examination by the respondent causes anxiety, professional or advocacy support ensures stability and accuracy.

Whichever route you choose, confirm roles early. If an attorney will appear, file a “Notice of Appearance.” If only an advocate assists, none is required. Petitioners who represent minors must show authority by attaching guardianship proof. Even when proceeding pro se, survivors are not alone—the courts, clerks, and advocates collectively maintain a system that prioritizes accessibility and safety. Remember: filing independently does not diminish the order’s strength; SAROs issued to self-represented petitioners carry identical legal force and enforcement.

Step 3: Gather the documentation to support the petition

Preparation of evidence is what transforms a personal experience into a legally actionable record. Even though North Dakota’s SARO process does not demand documentary proof to grant a temporary order, clear supporting materials strengthen credibility and streamline the judge’s decision. Start by writing a concise, chronological summary describing each incident—who, what, when, and where. Include sensory or contextual details only insofar as they clarify the conduct. Avoid emotionally charged adjectives; objectivity enhances persuasiveness. Save that draft digitally so it can be pasted directly into the petition’s “Describe what happened” field.

Collect any corroborating documentation. Common examples include text messages, voicemails, photos of injuries, clothing damage, police or medical reports, and witness statements. Store these in separate labeled envelopes or digital folders. If you fear your phone may be confiscated or hacked, back up evidence to a secure cloud account or a trusted advocate. Medical and counseling records can be powerful but may expose private health information; redact irrelevant sections before filing. North Dakota’s Confidential Information Form allows sealed submission of sensitive material for judicial eyes only.

Next, compile identifying data about the respondent: full name, date of birth, home and work addresses, phone numbers, and physical description. This ensures effective service by the sheriff. If exact data are unknown, provide last known contact points—judges can still issue orders based on partial information if the respondent can reasonably be located. Include the names and ages of all protected persons if you are filing on behalf of minors or dependents.

Finally, organize everything into a simple binder or digital file. Use color-coded tabs: Petition Draft, Evidence, Witnesses, Respondent Info. This preparation saves stress on filing day and at the hearing. If the written form feels intimidating, LegalAtoms can auto-assemble your narrative and evidence list into the official North Dakota format. Completing the online interview ensures no field is skipped, and you can print or e-file directly. Thorough preparation here positions you for confident filing in Step 4.

Step 4: Complete the required North Dakota court forms accurately

Once eligibility and evidence are secured, the next step is translating that information into the official paperwork. North Dakota district courts require three key forms for every Sexual Assault Restraining Order: the Petition for Sexual Assault Restraining Order, the Confidential Information Form, and the Protection/Restraining Order Cover Sheet. These fillable PDFs are freely available on ndcourts.gov. Each serves a distinct purpose—accuracy on all three determines whether a judge can act promptly.

The Petition. This is your sworn narrative. Identify yourself as petitioner and list the respondent’s complete legal name, or at least enough information for law-enforcement service. Under the “Describe what happened” section, recount incidents of sexual assault or unwanted sexual contact chronologically. Include dates, approximate times, and locations (e.g., “March 5 2025, Bismarck apartment complex, living room”). Avoid opinions or motives—stick to facts. Judges rely on these details to decide whether “reasonable grounds” exist to issue a temporary order. State clearly what relief you seek: no contact, distance requirements, restrictions from home, school, or work, and any additional safety conditions (such as no firearms).

The Confidential Information Form. This sheet allows you to share addresses, phone numbers, birth dates, and service details without exposing them in public files. It remains sealed under Rule 41 of the North Dakota Rules of Court. Fill it completely so the sheriff can serve the respondent efficiently. Petitioners who omit addresses risk delays in service and hearing scheduling.

The Cover Sheet. Administrative but vital, it classifies your filing within the state’s case-management system. Check the “Sexual Assault Restraining Order” box under “Case Type.” Sign and date at the bottom. This ensures statistics are recorded correctly and that the case is routed to the proper docket.

Sign all forms under penalty of perjury. Use black ink if printing; do not use white-out—strike through errors and initial them. Review every line for spelling of names and addresses. A single mis-typed digit can prevent the sheriff from serving the respondent. Before filing, scan or copy each form for your personal record.

For survivors preferring a guided approach, LegalAtoms converts the official forms into an online interview that uses plain-language questions and generates a fully formatted packet ready to print and submit to the clerk. It enforces validation on required fields, ensuring no blanks remain. Using such digital assistance is completely acceptable under court rules and often speeds approval because documents arrive legible and standardized.

Completing these forms precisely transforms your personal account into a legally cognizable petition—the gateway to judicial protection.

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

With forms complete, deliver them to the Clerk of District Court in the county where you live, where the respondent lives, or where the assault occurred. Bring the original plus two copies. The clerk will assign a case number, stamp each page “Filed,” and forward the packet to a judge or judicial referee for immediate review. There is no filing fee —North Dakota law explicitly waives costs for SARO cases under § 12.1-31-01.2 (12). If any staff request payment, politely reference that statute and the official instructions available on the state website.

The clerk may briefly check for completeness but cannot give legal advice. Ask three logistical questions: (1) How will I be notified if the judge issues a temporary order? (2) Does the sheriff automatically serve the respondent, or must I bring papers to the sheriff’s office? (3) What is the expected hearing date? Keeping these answers handy prevents communication breakdowns.

In rural counties, filings may be scanned and sent electronically to a regional judge for same-day review. If you submit before noon, temporary orders are often returned by the afternoon. Once the judge acts, the clerk will prepare a Notice of Hearing and forward both that and the temporary order to the sheriff for service. Keep a copy of everything you file; store it securely.

If you move or change contact information before the hearing, you must notify the clerk immediately so that orders and notices reach you. Petitioners often forget this step, resulting in missed hearings and dismissed cases. Accessibility is also ensured for those with limited English proficiency — the court provides interpreters without charge upon request. Filing marks the moment when your written account enters the state judicial system and gains the power of law.

Step 6: Judicial review and possible temporary (ex parte) order

After filing, a judge or judicial referee reviews the petition. If the facts allege sexual assault and support a reasonable fear of continued harm or contact, the court may issue a Temporary Sexual Assault Restraining Order without informing the respondent — known as an ex parte order. This order takes effect immediately and typically prohibits all contact, direct or indirect, with the petitioner. The judge must also schedule a hearing within 14 days so both parties can be heard. The temporary order remains in force until then.

If the judge believes the petition lacks specificity or credibility, they may deny a temporary order but still set a hearing. Denial does not mean rejection of the case; it only means the court wants to hear sworn testimony before acting. In either scenario, you will receive a Notice of Hearing detailing the time, date, and location. Judges routinely issue temporary orders the same day a complete petition arrives, underscoring North Dakota’s priority on swift protection.

Temporary orders carry real power: law enforcement may arrest violators without warrant under N.D.C.C. § 12.1-31-01.2 (10). Keep one certified copy on your person and another at home or work. Provide copies to school security if the respondent knows your location. If contact occurs, do not confront the respondent; call police immediately and document the incident. Courts treat each violation as a fresh criminal offense — a first is a Class A misdemeanor, subsequent ones are Class C felonies. If the judge denies a temporary order, use the period before the hearing to collect additional evidence or witnesses to strengthen your case.

For petitioners represented by advocates, those advocates can monitor the case status and ensure you receive copies promptly. Digital systems like LegalAtoms can notify you automatically when court updates are posted, keeping you informed until service and hearing occur.

Step 7: Arrange for formal service on the respondent

Legal service is the mechanism that notifies the respondent and gives the court authority to enforce its orders. In North Dakota, the sheriff’s office or other law-enforcement agency typically handles service for SAROs at no charge. The clerk forwards copies of the petition, temporary order (if issued), and notice of hearing to the sheriff. You should confirm contact details so the deputies can reach you if they need clarification.

Provide the sheriff with all known information about the respondent: home address, workplace, usual hours, vehicle description, and any alternate locations. If the respondent is a minor, both parents or guardians must be served. Service requires handing the documents directly to the respondent or leaving them with a competent adult at their residence. Once completed, the sheriff files a Return of Service with the clerk as proof. Only then does the court consider the respondent officially notified. Without proof of service, the hearing cannot proceed to final judgment.

Occasionally, respondents evade service. If this happens, stay in close contact with the sheriff. Provide any new address information immediately. The court may reschedule the hearing to allow additional attempts. Never attempt personal service yourself; doing so could endanger you and invalidate the process. If the respondent is in another county, your sheriff will coordinate with that jurisdiction to complete delivery. Once service is verified, prepare for the upcoming hearing by reviewing your petition, organizing evidence, and meeting with your advocate to plan testimony.

Service is often the most technical part of the SARO process, but it is also the gateway to enforcement. A properly served respondent is subject to immediate arrest if they violate temporary restrictions. Once the Return of Service is filed, mark your calendar and move to Step 8—preparing for the hearing itself.

Step 8: Prepare thoroughly for the court hearing

Once service is complete, you will receive a formal Notice of Hearing stating the date, time, and courtroom. Hearings are typically scheduled within 14 days of the judge’s review. This is your opportunity to convince the court that the Sexual Assault Restraining Order should remain in place for up to two years. Good preparation increases both confidence and credibility.

Begin by reading your petition carefully. Highlight each fact you included so that you can expand on it under oath. Judges value specific, consistent testimony. If you used general statements in your petition (“he assaulted me several times”), rewrite them as detailed notes (“on March 5, he… on March 9, he…”). These notes will refresh your memory during questioning. Gather all physical or digital evidence you wish to submit—texts, screenshots, photographs, police reports, or witness letters. Place each in an envelope labeled by date. If you intend to display phone messages, print them; courts prefer paper exhibits for the record.

Plan your appearance logistics. Arrive early to pass security, locate restrooms, and check in with the clerk. Dress neatly but comfortably. Silence your phone and bring identification. If English is not your first language, request a free interpreter in advance. Bring a bottle of water and tissues; hearings can be emotionally charged. Certified advocates are permitted to sit beside you, offering reassurance. They may take notes and help you stay focused but cannot speak on your behalf.

At the hearing, the judge calls your case, confirms your presence, and administers an oath. You testify first. Speak clearly, face the judge, and describe what happened, how it affected you, and why continued protection is necessary. Avoid exaggeration or speculation. If you become overwhelmed, pause—judges are patient. After your testimony, present evidence in logical order. Each exhibit is marked by the clerk; describe briefly what it shows (“This is a photo of the bruising taken that evening”). If witnesses appear, call them one at a time and keep questions straightforward. The respondent may then testify. Remain silent until it’s your turn to respond.

After both sides finish, the judge may issue an oral ruling immediately or take the matter under advisement. Either way, you’ll receive a written decision. Preparing this thoroughly not only strengthens your legal position but also empowers you psychologically—it replaces fear with structure, turning a painful event into a recordable claim the law can protect.

Step 9: Attend the hearing and understand the judge’s decision

On the day of your hearing, arrive 20–30 minutes early. Check in with the bailiff or clerk and take a seat until your case is called. When your name is announced, step forward confidently. The judge will confirm that both parties are present and explain the hearing format. You’ll be sworn in again, even if you previously signed your petition under oath. Present your narrative calmly, relying on the notes and evidence you organized earlier. Focus on the facts that demonstrate unwanted sexual contact and the continuing need for protection.

After you finish, the respondent—or their attorney—may ask questions. Listen carefully, answer truthfully, and do not argue. Judges in North Dakota maintain decorum and will stop inappropriate cross-examination. The respondent will then give their own account. Avoid reacting visibly. When both sides conclude, the judge may ask clarifying questions before closing the record.

If the court finds “reasonable grounds” that a sexual assault occurred, it will issue a Final Sexual Assault Restraining Order. The order will specify duration (up to two years), geographic limits (often 100–500 feet), and prohibited behaviors such as contact through phone, email, social media, or third parties. It may also direct law enforcement to seize firearms temporarily if necessary for safety. Ask the clerk for certified copies before leaving; keep one with you at all times. Provide copies to your school, employer, and any childcare facility to ensure staff can respond appropriately if the respondent appears.

If the judge denies the order, request clarification on the reason. You may file a new petition later if new incidents occur or more evidence emerges. If granted, ensure the respondent understands the terms—ignorance is no excuse under § 12.1-31-01.2(10). Violating the order carries criminal penalties. You’ll receive the written version within a few days if not issued on the spot. Understanding each clause is essential; ask the clerk or advocate to explain any confusing language. Once the final SARO is entered, enforcement begins immediately across North Dakota.

Step 10: Maintain, renew, or modify your order responsibly

After the court issues your order, enforcement begins automatically once the respondent has been served. Keep at least two certified copies: one with you, one in a safe location. Provide copies to local law enforcement, employers, and schools. If the respondent contacts you in any form—directly, indirectly, or online—call police immediately. Do not respond. Every contact attempt violates § 12.1-31-01.2(10) and can result in arrest. Document each event (time, date, description) to support future renewals or criminal charges.

As life changes, you may need modifications. Suppose you move, change jobs, or attend a new school; file a written motion to amend the SARO so the new addresses are protected. Never rely on verbal agreements with the respondent; only the court can alter an order. Renewal petitions should be filed before expiration—preferably one month in advance—to prevent a protection gap. Judges require proof that the need for protection continues, such as ongoing fear, recent contact attempts, or credible threats. Renewal hearings are usually brief and less formal, as the judge already knows your history.

Under federal law (18 U.S.C. § 2265), all protective orders—including SAROs—receive “full faith and credit” nationwide. If you move out of state, your North Dakota order remains valid. You can optionally register it in your new state for easier enforcement. Conversely, orders from other states can be registered in North Dakota for local enforcement. Should the respondent violate the order elsewhere, police in that jurisdiction can arrest them immediately.

Continue periodic contact with your advocate or counselor for emotional support. Many survivors experience delayed anxiety even after legal relief. Maintaining connection with supportive services keeps recovery on track. Proper maintenance of your SARO—renewing on time, reporting violations, and updating addresses—ensures that the legal protection remains active and effective throughout its lifespan.

Costs Associated

North Dakota eliminates cost barriers entirely. Filing and service fees are waived under § 12.1-31-01.2(12). Petitioners pay nothing for certified copies or enforcement. Optional costs arise only if hiring private counsel or printing numerous exhibits. For most, the process remains free thanks to statutory policy prioritizing access to justice for sexual-assault victims. LegalAtoms and Certified Advocates provide no-fee support for form completion and preparation.

Time Required

The timeline is short by design. Judges review petitions within one business day, temporary orders often issue the same day, and hearings occur within 14 days of filing. Final orders are entered immediately after the hearing and can last up to two years. Petitioners needing long-term protection can renew before expiration. Efficiency depends mainly on how quickly service is completed; prompt cooperation with the sheriff ensures timely hearings.

Limitations

A SARO is civil, not criminal, and cannot guarantee absolute safety—it functions as a legal deterrent enforced by criminal sanctions. The order expires after two years unless renewed. The judge must find “reasonable grounds,” a lower standard than criminal proof but still requiring specific facts. Public-records laws mean most filings remain accessible, though confidential forms are sealed. Finally, the SARO cannot control third-party gossip or social media indirectly connected to the respondent; such behavior may require additional legal remedies like harassment statutes.

Risks and Unexpected Problems

Emotional strain: Court participation can trigger trauma; prepare with counselors or advocates. Service difficulties: Respondents who move frequently may delay proceedings—keep communication open with law enforcement. Retaliation concerns: Though rare, respondents may attempt intimidation; report all incidents promptly. Public-record visibility: Mitigate by completing the Confidential Information Form. Expiration lapses: Renew early to avoid gaps in protection. Cross-jurisdiction confusion: Always carry a certified copy when traveling. Awareness and proactive follow-through reduce nearly all procedural risks. By understanding each step and using available tools such as LegalAtoms and local advocacy centers, petitioners transform a daunting legal process into a secure, navigable pathway toward lasting safety.

Sources

• North Dakota Courts — Sexual Assault Restraining Order Instructions (2024)
• North Dakota Century Code § 12.1-31-01.2
• ND Courts — Protection Order Comparison Guide