N.D. Cent. Code § 14-07.7-06
14-07.7-06. Temporary domestic violence protection order
14-07.7-06. Temporary domestic violence protection order
1.
If the petition for relief alleges reasonable grounds to believe a respondent engaged in
domestic violence, the court, pending a full hearing, may grant a temporary domestic
violence protection order that may include provisions:
a.
Restraining the respondent from having contact with or committing acts of
domestic violence on another individual.
b.
Excluding the respondent from the residence of another individual or from a place
necessary to ensure the safety of the protected individual.
c.
Awarding temporary primary residential responsibility or establishing temporary
parenting time with regard to minor children.
d.
Requiring the respondent to surrender for safekeeping any firearm or other
specified dangerous weapon, as defined in section 12.1-01-04, which is in the
respondent's possession, custody, or control, if the court has probable cause to
believe the respondent is likely to use, display, or threaten to use the firearm or
other dangerous weapon in further acts of violence.
2.
If ordered to surrender a firearm or other dangerous weapon, the respondent shall
surrender the firearm or dangerous weapon within twenty-four hours of being served
or upon the request of a law enforcement officer, whichever is sooner, to:
a.
The sheriff, or the sheriff's designee, of the county in which the respondent
resides; or
b.
The chief of police, or the chief's designee, of the city in which the respondent
resides.
3.
If the respondent is ordered to surrender a firearm or other dangerous weapon and
fails to do so within twenty-four hours, a law enforcement officer may arrest the
respondent in accordance with section 14-07.7-18 and take possession of the firearm
or dangerous weapon.
4.
A temporary domestic violence protection order may be entered only against the
respondent named in the petition.
5.
The court may issue a temporary domestic violence protection order without giving
notice to the respondent.
6.
Unless otherwise terminated by the court, the temporary domestic violence protection
order is in effect until a protection order issued under section 14-07.7-07 is served.