14-07.1 Domestic Violence
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<![CDATA[CHAPTER 14-07.1DOMESTIC VIOLENCE14-07.1-01. Definitions.1."Department" means the state department of health.2."Domestic violence" includes physical harm, bodily injury, sexual activity compelled<br>by physical force, assault, or the infliction of fear of imminent physical harm, bodily<br>injury, sexual activity compelled by physical force, or assault, not committed in<br>self-defense, on the complaining family or household members.3."Domestic violence sexual assault organization" means a private, nonprofit<br>organizationwhoseprimarypurposeistoprovideemergencyhousing,twenty-four-hour crisis lines, advocacy, supportive peer counseling, community<br>education, and referral services for victims of domestic violence and sexual assault.4."Family or household member" means a spouse, family member, former spouse,<br>parent, child, persons related by blood or marriage, persons who are in a dating<br>relationship, persons who are presently residing together or who have resided<br>together in the past, persons who have a child in common regardless of whether<br>they are or have been married or have lived together at any time, and, for the<br>purpose of the issuance of a domestic violence protection order, any other person<br>with a sufficient relationship to the abusing person as determined by the court under<br>section 14-07.1-02.5."Health officer" means the state health officer of the department.6."Law enforcement officer" means a public servant authorized by law or by a<br>government agency to enforce the law and to conduct or engage in investigations of<br>violations of law.7."Predominant aggressor" means an individual who is the most significant, not<br>necessarily the first, aggressor.8."Willfully" means willfully as defined in section 12.1-02-02.14-07.1-02. Domestic violence protection order.1.An action for a protection order commenced by a verified application alleging the<br>existence of domestic violence may be brought in district court by any family or<br>household member or by any other person if the court determines that the<br>relationship between that person and the alleged abusing person is sufficient to<br>warrant the issuance of a domestic violence protection order. An action may be<br>brought under this section, regardless of whether a petition for legal separation,<br>annulment, or divorce has been filed.2.Upon receipt of the application, the court shall order a hearing to be held not later<br>than fourteen days from the date of the hearing order.3.Service must be made upon the respondent at least five days prior to the hearing. If<br>service cannot be made, the court may set a new date.4.Upon a showing of actual or imminent domestic violence, the court may enter a<br>protection order after due notice and full hearing. The relief provided by the court<br>may include any or all of the following:Page No. 1a.Restraining any party from threatening, molesting, injuring, harassing, or having<br>contact with any other person.b.Excluding either the respondent or any person with whom the respondent lives<br>from the dwelling they share, from the residence of another person against<br>whom the domestic violence is occurring, or from a domestic violence care<br>facility, if this exclusion is necessary to the physical or mental well-being of the<br>applicant or others.c.Awarding temporary custody or establishing temporary visitation rights with<br>regard to minor children.d.Recommending or requiring that either or both parties undergo counseling with<br>a domestic violence program or other agency that provides professional<br>services that the court deems appropriate. The court may request a report<br>from the designated agency within a time period established by the court. The<br>costs of the court-ordered initial counseling assessment and subsequent<br>reports must be borne by the parties or, if indigent, by the respondent's county<br>of residence.e.Requiring a party to pay such support as may be necessary for the support of a<br>party and any minor children of the parties and reasonable attorney's fees and<br>costs.f.Awarding temporary use of personal property, including motor vehicles, to<br>either party.g.Requiring the respondent to surrender for safekeeping any firearm or other<br>specified dangerous weapon, as defined in section 12.1-01-04, in the<br>respondent's immediate possession or control or subject to the respondent's<br>immediate control, if the court has probable cause to believe that the<br>respondent is likely to use, display, or threaten to use the firearm or other<br>dangerous weapon in any further acts of violence.If so ordered, therespondent shall surrender the firearm or other dangerous weapon to the<br>sheriff, or the sheriff's designee, of the county in which the respondent resides<br>or to the chief of police, or the chief's designee, of the city in which the<br>respondent resides.5.A court of competent jurisdiction may issue a dual protection order restricting both<br>parties involved in a domestic violence dispute if each party has commenced an<br>action pursuant to subsection 1 and the court, after a hearing, has made specific<br>written findings of fact that both parties committed acts of domestic violence and that<br>neither party acted in self-defense. The order must clearly define the responsibilities<br>and restrictions placed upon each party so that a law enforcement officer may<br>readily determine which party has violated the order if a violation is alleged to have<br>occurred.6.The court may amend its order or agreement at any time upon subsequent petition<br>filed by either party.7.No order or agreement under this section affects title to any real property in any<br>matter.8.The petition for an order for protection must contain a statement listing each civil or<br>criminal action involving both parties.9.Upon the application of an individual residing within the state, a court may issue a<br>domestic violence protection order or an ex parte temporary protection order under<br>this chapter even though the actions constituting domestic violence occurredPage No. 2exclusively outside the state. In these cases, a respondent is subject to the personal<br>jurisdiction of this state upon entry into this state. If the domestic violence justifying<br>the issuance of a protection order under this chapter occurred exclusively outside<br>the state, the relief that may be granted is limited to an order restraining the party<br>from having contact with or committing acts of domestic violence on another person<br>in this state.14-07.1-02.1. Allegation of domestic violence - Effect. If the court finds that a party'sallegation of domestic violence in a domestic violence protection order proceeding, divorce<br>proceeding, child custody proceeding, child visitation proceeding, separation proceeding, or<br>termination of parental rights proceeding is false and not made in good faith, the court shall order<br>the party making the false allegation to pay court costs and reasonable attorney's fees incurred<br>by the other party in responding to the allegation.14-07.1-02.2. Foreign domestic violence protection orders - Full faith and creditrecognition and enforcement. Repealed by S.L. 2003, ch. 123, </p>
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