North Dakota statutes define domestic violence as a circumstance in which a family member or someone in your household physically harms you, causes injury to you, physically forces you into a sexual act, assaults you, or instills fear of impending harm, injury, sexual activity coerced by physical force, or assault. The assailant may be a spouse, former spouse, parent, child, family member, someone you are dating, someone who is currently or has in the past lived with you, or your child’s other parent.
Domestic Violence Protection Orders
Same-sex partners, minors (if determined eligible by a judge), and parents on behalf of minors may file requests for Protection Orders in North Dakota.
A person must apply for a Domestic Violence Protection Order “Ex Parte.” This means, literally, “without the other party.” If the judge deems it necessary, he or she will issue a temporary order, explaining that the alleged perpetrator of the domestic violence can appear at a hearing to explain why he or she should not have a “permanent” protection order entered against them. At that hearing, if the petitioner proves domestic violence has occurred he or she can obtain a protection order for a period of time to be determined by the judge.
How To Get Protection
Often, orders are obtained with the assistance of a domestic violence advocate from a program that specializes in helping victims. We will take whatever additional steps are necessary to help ensure your protection or help in your defense of such a petition.
When you meet with our attorneys, bring a photo of the abuser, his or her address at work and where he/she is currently living, telephone numbers, and what kind of car the abuser drives. You should also have your own identification ready for review.
Be prepared to explain the abuse in detail, along with any evidence that supports your claim. If there are witnesses, you will need to provide their names as well. The more detail you provide, the more likely it is that you will have your request granted.
What Does The Order Do?
Domestic Violence Protection Orders forbid the abuser from contacting you, in any way, except through an attorney. They also ban the abuser from entering your home and place of work. If children are involved, temporary custody may be addressed in the Order.
Contact SW&L Attorneys Today
Unfortunately, domestic violence can happen anywhere. If you need help obtaining an Order of Protection in North Dakota or an OFP in Minnesota, contact our lawyers in Fargo today at 701-297-2890 to discuss this and also the best places to seek help and support.