DISORDERLY CONDUCT RESTRAINING ORDER
North Dakota law allows a victim to seek relief from disorderly conduct of another person even if the two people do not have a relationship.
Disorderly conduct is defined as unwanted acts, words or gestures that are meant to have a harmful effect on the other person. A harmful effect means to harm their safety, security, or privacy. However, this does not include constitutionally protected activity like picketing. This order is called a Disorderly Conduct Restraining Order (DCRO). This order tells the other person not to do certain things, such as contact the victim.
The victim who asks for a DCRO is called the Petitioner or Protected Party. The person who the order is against is called the Respondent or Restrained Party.
A temporary DCRO may be granted before a full hearing if the court has reasonable grounds to believe that the Respondent has engaged in disorderly conduct. This temporary DCRO once served on the Respondent will order them to quit and have no contact with the victim. Serve means that an adult who is usually not part of the case, usually a Sheriff’s deputy, gives a copy of the temporary DCRO to Respondent.
A full hearing will be scheduled within 14 days of the temporary DCRO being granted. For a victim to get a DCRO, the court will need to find reasonable grounds to believe the Respondent has engaged in disorderly conduct, such as unwanted acts, words or gestures that are meant to have a harmful effect on the Petitioner.
If the court grants the DCRO, the order will be served on the Respondent and tells them that they may be arrested without a warrant if they do not follow the order. The DCRO can be granted for up to two years, but unlike a Domestic Violence Protection Order, weapons cannot be removed.
North Dakota Century Code Chapter 12.1-31.2
Legal Self Help Form
Disorderly conduct is defined as unwanted acts, words or gestures that are meant to have a harmful effect on the other person. A harmful effect means to harm their safety, security, or privacy. However, this does not include constitutionally protected activity like picketing. This order is called a Disorderly Conduct Restraining Order (DCRO). This order tells the other person not to do certain things, such as contact the victim.
The victim who asks for a DCRO is called the Petitioner or Protected Party. The person who the order is against is called the Respondent or Restrained Party.
A temporary DCRO may be granted before a full hearing if the court has reasonable grounds to believe that the Respondent has engaged in disorderly conduct. This temporary DCRO once served on the Respondent will order them to quit and have no contact with the victim. Serve means that an adult who is usually not part of the case, usually a Sheriff’s deputy, gives a copy of the temporary DCRO to Respondent.
A full hearing will be scheduled within 14 days of the temporary DCRO being granted. For a victim to get a DCRO, the court will need to find reasonable grounds to believe the Respondent has engaged in disorderly conduct, such as unwanted acts, words or gestures that are meant to have a harmful effect on the Petitioner.
If the court grants the DCRO, the order will be served on the Respondent and tells them that they may be arrested without a warrant if they do not follow the order. The DCRO can be granted for up to two years, but unlike a Domestic Violence Protection Order, weapons cannot be removed.
North Dakota Century Code Chapter 12.1-31.2
Legal Self Help Form