N.D. Cent. Code § 14-07.7-07
14-07.7-07. Domestic violence protection order
14-07.7-07. Domestic violence protection order
1.
The court may enter a domestic violence protection order if:
a.
The petitioner files a petition under section 14-07.7-02;
b.
The sheriff serves the respondent with a copy of the temporary domestic violence
protection order issued under section 14-07.7-06 and with notice of the time and
place of the hearing;
c.
The court sets a hearing for no later than fourteen days after issuance of the
temporary domestic violence protection order or at a later date if good cause is
shown; and
d.
The court finds after the hearing that:
(1)
The relationship between the respondent and protected individual is
sufficient to warrant protection; and
(2)
There was a showing of actual or imminent domestic violence.
2.
The relief provided in the domestic violence protection order may include:
a.
Restraining any party from threatening, molesting, injuring, harassing, or having
contact with any other 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.
Recommending or requiring that the respondent complete a domestic violence
offender assessment and attend a domestic violence intervention program as
determined appropriate by the court. The court may request a report from the
designated program within a time period established by the court. The costs of
the court-ordered assessment and subsequent reports must be borne by the
respondent or, if indigent, by the respondent's county of residence.
e.
Requiring a party to pay any support necessary for the support of a party and any
minor children of the parties and reasonable attorney fees and costs.
f.
Awarding temporary use of personal property, including motor vehicles, to either
party.
g.
Requiring the respondent to surrender for safekeeping any firearm or other
specified dangerous weapon, as defined in section 12.1-01-04, 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. 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:
(1)
The sheriff, or the sheriff's designee, of the county in which the respondent
resides; or
(2)
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.