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Temporary Protection Orders |
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granted when a
victim of violence alleges an immediate and present danger
of abuse based on a recent incident or threat |
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may be granted
ex parte (without a hearing) |
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gives
immediate relief until a full hearing is held |
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Relief May Include: |
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restraining
the perpetrator from further abuse of, or contact with,
the victim |
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excluding the
abuser from another person’s residence, a domestic
violence shelter, or the dwelling the abuser and victim
share |
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awarding
temporary custody or temporary visitation rights for minor
children |
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Court Hearing |
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must be held
within 14 days |
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Court listens
to the accounts of both parties |
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and determines
whether or not to continue the Order |
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Emergency Protection Order |
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is an option
when a district judge is not available |
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may be signed
by a local magistrate, such as a municipal judge or a
small claims court referee |
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can provide
the same relief as the Temporary Order, but expires in 72
hours |
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may be
extended beyond 72 hours if the victim appears before a
Judge |
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Domestic Violence Protection Order
ND Century Code 14-07.1-02 |
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If the Court determines at a
full hearing that abuse is imminent, it issues a Domestic
Violence Protection Order. The Domestic Violence
Protection Order: |
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provides the
same relief and is implemented in the same manner as the
Temporary Order |
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may be issued
as a Permanent Order in effect for up to one year or
longer |
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may recommend
or require that either or both parties undergo counseling |
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may require
the abuser to pay necessary support costs and attorney’s
fees |
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Probable Cause Arrest
ND Century Code 14-07.1-11 – Domestic Assaults |
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An officer may arrest an abuser without a warrant if there
is probable cause, or reasonable belief, that the abuser
has assaulted |
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his or her
partner or spouse |
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family or
household member, or |
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any person
with whom the abuser has or has had a relationship,
including same sex partners |
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The officer |
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need not
witness the assault |
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need not find
other witnesses |
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has 12 hours
from the establishment of probable cause to make an arrest
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Either the victim or the
arresting officer may file a complaint against the abuser. |
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Before arresting both parties
in a domestic violence incident, the officer must consider |
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"the
comparative severity of injuries," and |
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whether
injuries were inflicted in self-defense
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Violation of a Protection Order
ND Century Code 14.07.1-06 |
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The officer must arrest an abuser if there is probable
cause that the abuser has violated a Protection Order. |
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Officers may arrest even if they did not witness the
incident. |
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Violation of a protection order by stalking a victim is a
Class C Felony. |
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Custody & Visitation
North Dakota Century Code 14-05-22 |
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In general, the state presumes that it is not in a child’s
best interest |
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to place him
or her with a parent who has a history of violence
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to allow
unsupervised visitation with that parent. If the Court
decides otherwise, it must document why |
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changes in the
1997 legislature created a more narrow definition of
domestic violence as it applies to custody and visitation |
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Family Violence Option |
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The Family Violence Option in ND mandates screening for
domestic violence. It provides referral for specialized
services, and provides temporary exemptions from program
requirements to enable battered women to have the time,
services, and support they need to address domestic
violence as a barrier to self -sufficiency. |
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North Dakota Century Code 50-09-31 |
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The state agency shall: |
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Inform all
TANF applicants and recipients of the options available
under the domestic violence option. |
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Screen all
applicants to determine who are past or present victims of
domestic violence or at risk of further domestic violence. |
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Refer these
individuals to a local domestic violence sexual assault
organization for safety planning and supportive services;
and |
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Determine if
good cause exists to waive work requirements or time
limits on receipt of benefits of domestic violence. |
