12.1-31.2 Disorderly Conduct Restraining Order
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<![CDATA[CHAPTER 12.1-31.2DISORDERLY CONDUCT RESTRAINING ORDER12.1-31.2-01. Disorderly conduct restraining order - Penalty.1."Disorderly conduct" means intrusive or unwanted acts, words, or gestures that are<br>intended to adversely affect the safety, security, or privacy of another person.<br>Disorderly conduct does not include constitutionally protected activity.2.A person who is a victim of disorderly conduct or the parent or guardian of a minor<br>who is a victim of disorderly conduct may seek a disorderly conduct restraining order<br>from any court of competent jurisdiction in the manner provided in this section.3.A petition for relief must allege facts sufficient to show the name of the alleged<br>victim, the name of the individual engaging in the disorderly conduct, and that the<br>individual engaged in disorderly conduct. An affidavit made under oath stating the<br>specific facts and circumstances supporting the relief sought must accompany the<br>petition.4.If the petition for relief alleges reasonable grounds to believe that an individual has<br>engaged in disorderly conduct, the court, pending a full hearing, may grant a<br>temporary disorderly conduct restraining order ordering the individual to cease or<br>avoid the disorderly conduct or to have no contact with the person requesting the<br>order. A temporary restraining order may be entered only against the individual<br>named in the petition. The court may issue the temporary restraining order without<br>giving notice to the respondent.Unless otherwise terminated by the court, thetemporary restraining order is in effect until a restraining order issued under<br>subsection 5 is served.5.The court may grant a disorderly conduct restraining order ordering the respondent<br>to cease or avoid the disorderly conduct or to have no contact with the applicant if:a.A person files a petition under subsection 3;b.The sheriff serves the respondent with a copy of the temporary restraining<br>order issued under subsection 4 and with notice of the time and place of the<br>hearing;c.The court sets a hearing for not later than fourteen days after issuance of the<br>temporary restraining order unless the time period is extended upon written<br>consent of the parties, or upon a showing that the respondent has not been<br>served with a copy of the temporary restraining order despite the exercise of<br>due diligence; andd.The court finds after the hearing that there are reasonable grounds to believe<br>that the respondent has engaged in disorderly conduct. If a person claims to<br>have been engaged in a constitutionally protected activity, the court shall<br>determine the validity of the claim as a matter of law and, if found valid, shall<br>exclude evidence of the activity.6.A restraining order may be issued only against the individual named in the petition.<br>Relief granted by the restraining order may not exceed a period of two years. The<br>restraining order may be served on the respondent by publication pursuant to rule 4<br>of the North Dakota Rules of Civil Procedure.7.A disorderly conduct restraining order must contain a conspicuous notice to the<br>respondent providing:Page No. 1a.The specific conduct that constitutes a violation of the order;b.Notice that violation of the restraining order is punishable by imprisonment of<br>up to one year or a fine of up to two thousand dollars or both; andc.Notice that a peace officer may arrest the respondent without a warrant and<br>take the respondent into custody if the peace officer has probable cause to<br>believe the respondent has violated an order issued under this section.8.If the respondent knows of an order issued under subsection 4 or 5, violation of the<br>order is a class A misdemeanor.If the existence of an order issued undersubsection 3 or 4 can be verified by a peace officer, the officer, without a warrant,<br>may arrest and take into custody an individual whom the peace officer has probable<br>cause to believe has violated the order.9.The clerk of court shall transmit a copy of a restraining order by the close of the<br>business day on which the order was granted to the local law enforcement agency<br>with jurisdiction over the residence of the alleged victim of disorderly conduct. Each<br>appropriate law enforcement agency may make available to its officers current<br>information as to the existence and status of any restraining order involving<br>disorderly conduct.10.Notwithstanding subsection 5 of section 11-16-05, a state's attorney may advise and<br>assist any person in the preparation of documents necessary to secure a restraining<br>order under this section.11.Fees for filing and service of process may not be charged to the petitioner in any<br>proceeding seeking relief due to domestic violence under this chapter.12.1-31.2-02. Order prohibiting contact.1.If an individual who is charged with or arrested for a crime of violence or threat of<br>violence, stalking, harassment, or a sex offense is released from custody before<br>arraignment or trial, the court authorizing the release of the individual shall consider<br>and may issue, if there is no outstanding restraining or protection order prohibiting<br>the individual from having contact with the victim, an order prohibiting the individual<br>from having contact with the victim. The order must contain the court's directives<br>and must inform the individual that any violation of the order constitutes a criminal<br>offense. The state's attorney shall provide a copy of the order to the victim. The<br>court shall determine at the time of the individual's arraignment whether an order<br>issued pursuant to this section will be extended.If the court issues an orderpursuant to this section before the time the individual is charged, the order expires at<br>the individual's arraignment or within seventy-two hours of issuance if charges<br>against the individual are not filed.2.If the court has probable cause to believe that the individual charged or arrested is<br>likely to use, display, or threaten to use a firearm or dangerous weapon as defined in<br>section 12.1-01-04 in any further act of violence, the court shall require that the<br>individual surrender for safekeeping any firearm or specified dangerous weapon in<br>or subject to the individual's immediate possession or control, to the sheriff of the<br>county or chief of police of the city in which the individual resides.3.Whenever an order prohibiting contact is issued, modified, extended, or terminated<br>under this section, the clerk of court shall forward a copy of the order within one<br>business day to the appropriate law enforcement agency specified in the order.<br>Upon receipt of the copy of the order, the law enforcement agency shall enter the<br>order for one year or until the date of expiration specified by the order into any<br>information system available in the state that is used by law enforcement agencies<br>to list outstanding warrants. The order is enforceable in any jurisdiction in this state.Page No. 24.An individual who violates a court order issued under this section is guilty of a<br>class A misdemeanor.5.A law enforcement officer shall arrest an individual without a warrant if the officer<br>determines there is probable cause that the individual has committed the offense of<br>violating an order prohibiting contact under this section, whether or not the violation<br>was committed in the presence of the officer. A law enforcement officer who acts in<br>good faith on probable cause and without malice is immune from any civil or criminal<br>liability for making an arrest under this subsection.Page No. 3Document Outlinechapter 12.1-31.2 disorderly conduct restraining order]]>