If you are a victim and your abuser has a gun or you feel unsafe for other reasons, it is important to work with a victim advocate. The following organizations can help you find an advocate free of charge:
- The National Domestic Violence Hotline at (800) 799-SAFE;
- VictimConnect at (855) 484-2846;
- Any of the local domestic violence programs listed here.
It is also helpful to have a lawyer assist you, particularly when you are seeking a domestic violence protection order. You can find a lawyer using the North Dakota Bar’s website. If you cannot afford a lawyer, information about free- and low-cost legal help is available from Legal Services of North Dakota.
How to Get Protection
What kind of domestic violence protection orders are available in North Dakota?
North Dakota courts can issue three types of domestic violence protection orders. In each of these orders, the court can help protect you from gun violence or threats of gun violence by an intimate partner:
- Emergency domestic violence protection order1*
- Ex parte temporary domestic violence protection order2*
- (Final) domestic violence protection order3*
In all types of domestic violence protection orders, courts can order the respondent* to turn over his/her/their guns to law enforcement.4
How can you get a domestic violence protection order?
Click here to see if you are eligible for a domestic violence protection order in North Dakota.
You can find out more about how to get protection at WomensLaw.org.
You can find your local court here.
Court forms and North Dakota’s official guide to getting a domestic violence protection order can be found here.
What do I do if I do not qualify for protection as a victim of domestic violence but I still need protection from someone?
If you do not qualify for protection as a victim of domestic violence but need protection from someone (including a stranger, an acquaintance, or another person not covered under a domestic violence protection order), you might qualify for some other type of order. Contact VictimConnect at (855) 484-2846 or a lawyer for more information. You can find a lawyer using the North Dakota Bar’s website. If you cannot afford a lawyer, information about free- and low-cost legal help is available from Legal Services of North Dakota.
How can the court help protect you?
North Dakota courts can order respondents* to domestic violence protection orders to turn over their guns to law enforcement. If respondent fails to turn his/her/their firearms over when ordered to do so, law enforcement can retrieve them.5
Sometimes, a court can order other things to protect you, including:
- Requiring the respondent to turn their firearms over to law enforcement immediately;
- Requiring the respondent to appear before the court to self-report turning over their firearms as ordered;
- Directing law enforcement to follow up with the respondent to make sure the respondent turned over their guns as ordered;
- Scheduling a follow up compliance hearing* to ensure that the respondent has not accessed additional firearms since the order was issued;
- Ordering law enforcement to go to your home at scheduled times to check in on your safety;
- Ordering the respondent to stay away from you, your children, your family, and anyone else in immediate danger, based on the threats and/or actions of the respondent;
- Ordering the respondent not to hurt you or threaten to hurt you in the future.
How will the court know what you need to protect you from the respondent’s firearms violence?
In your petition* and during any of the hearings* you participate in when you are seeking protection, you will have the opportunity to tell the court about the respondent’s* threats or acts of abuse, especially ones involving firearms. Every situation is different, and it is important to talk to a lawyer about your specific situation. You can find a lawyer using the North Dakota Bar’s website. If you cannot afford a lawyer, information about free- and low-cost legal help is available from Legal Services of North Dakota.
Your story will help the court decide what relief* to give you. Whether you are filling out court forms or speaking directly to the court, it is important to tell the court about the violence you experienced (working with your lawyer, if you have one), especially if the respondent used or threatened to use a firearm against you, a member of your family, any member of the community, or your pet. Among other things, this may include telling the court:
- About incidents of physical violence or threats of physical violence and include dates wherever you can;
- How the respondent used firearms to hurt or threaten you, your family, your pet(s), or anyone in the community;
- If you fear that the respondent may use firearms violence or threats of firearms violence in the future;
- If the respondent has threatened to harm him/her/themself. This may be a sign that the respondent intends to use a dangerous weapon like a firearm against you, themself, or other people;
- If you can, the type(s), number, and location of firearms the respondent has access to.