This bill proposes the creation of Chapter 14-07.7 of the North Dakota Century Code, which focuses on civil protection orders and amends various existing sections related to restraining and protection orders. Key amendments include replacing "restraining orders" with "civil protection orders" in Section 11-15-32 and establishing a registry for these orders in Section 12-60-23. The bill introduces definitions for terms such as "civil protection order," "contact," and "domestic violence," and outlines the process for filing a petition for a civil protection order, including provisions for minors and confidentiality measures for protected individuals. It also repeals several existing sections related to sexual assault restraining orders and domestic violence protection orders, streamlining the legal framework surrounding these issues.
Additionally, the bill emphasizes law enforcement's responsibilities in enforcing these orders and includes penalties for violations, categorizing the first violation as a class A misdemeanor and subsequent violations as class C felonies. It establishes a framework for the issuance of disorderly conduct restraining orders and temporary domestic violence protection orders, which may include provisions such as exclusion from residences and the surrender of firearms. The bill clarifies the procedures for serving protection orders and the rights of individuals to apply for relief, while ensuring that orders issued before January 1, 2026, remain in effect. Overall, the bill aims to enhance the protection of individuals from domestic violence and disorderly conduct by providing clearer definitions, procedures, and enforcement mechanisms.
Statutes affected: INTRODUCED: 11-15-32, 12-60-23, 12.1-17-13, 14-05-23, 14-07.1-01, 14-07.1-02.1, 14-07.1-11, 14-07.1-14, 14-07.1-19, 14-07.6-01, 15.1-09-33.4, 16.1-02-07, 29-01-15, 29-06-15, 47-16-17.1
Adopted by the House Judiciary Committee: 11-15-32, 12-60-23, 12.1-17-13, 14-05-23, 14-07.1-01, 14-07.1-02.1, 14-07.1-11, 14-07.1-14, 14-07.1-19, 14-07.6-01, 15.1-09-33.4, 16.1-02-07, 29-01-15, 29-06-15, 47-16-17.1
FIRST ENGROSSMENT: 11-15-32, 12-60-23, 12.1-17-13, 14-05-23, 14-07.1-01, 14-07.1-02.1, 14-07.1-11, 14-07.1-14, 14-07.1-19, 14-07.6-01, 15.1-09-33.4, 16.1-02-07, 29-01-15, 29-06-15, 47-16-17.1
Prepared by the Legislative Council staff for Senator Larson: 11-15-32, 12-60-23, 12.1-17-13, 14-05-23, 14-07.1-01, 14-07.1-02.1, 14-07.1-11, 14-07.1-14, 14-07.1-19, 14-07.6-01, 15.1-09-33.4, 16.1-02-07, 29-01-15, 29-06-15, 47-16-17.1
Enrollment: 11-15-32, 12-60-23, 12.1-17-13, 14-05-23, 14-07.1-01, 14-07.1-02.1, 14-07.1-11, 14-07.1-14, 14-07.1-19, 14-07.6-01, 15.1-09-33.4, 16.1-02-07, 29-01-15, 29-06-15, 47-16-17.1