N.D. Cent. Code § 14-07.7-02
14-07.7-02. Petition for civil protection order
14-07.7-02. Petition for civil protection order
1.
An individual who is or has been a victim of disorderly conduct, domestic violence, or
sexual assault may file a petition for a civil protection order against:
a.
A family or household member who commits an act of domestic violence; or
b.
An individual who has committed disorderly conduct or sexual assault.
2.
The petition must identify which type of civil protection order is sought.
3.
If the individual to be protected is a minor, the parent, guardian, or attorney guardian
ad litem shall file a petition on behalf of the minor. The parent, guardian, or attorney
guardian ad litem of the minor is the petitioner and the minor is the protected
individual. A minor of sufficient and competent age may petition for a civil protection
order on their own behalf.
4.
If the respondent is a minor, the parent or guardian must be notified of the petition and
any subsequent order.
5.
The petition must allege facts sufficient to show:
a.
The name of the alleged victim;
b.
The name of the respondent engaging in the alleged conduct; and
c.
The respondent engaged in the alleged conduct.
6.
The petition must contain:
a.
A declaration stating the specific facts and circumstances supporting the relief
sought; and
b.
A statement listing each civil or criminal action involving both parties.
7.
A petition may be against only one respondent. Dual protection orders in a single
action are prohibited.
8.
A petition may be brought under this chapter without regard to the commencement of
an action for legal separation, annulment, divorce, or parenting rights and
responsibilities.
9.
A filing fee may not be charged for a civil protection order petition.