The Statute: North Dakota Century Code Chapter 12.1-31.2
12.1-31.2-01. Disorderly Conduct Restraining Order – Penalty
Disorderly conduct is defined as intrusive or unwanted acts, words, or gestures intended to adversely affect the safety, security, or privacy of another person. It explicitly includes human trafficking or attempted human trafficking but does not include constitutionally protected activities.
Overview of Disorderly Conduct Restraining Orders
Disorderly conduct restraining orders (DCROs) are legal mechanisms to protect victims from individuals engaging in unwanted or harmful behavior. They are accessible to individuals directly affected by such behavior and to the parents or guardians of minors.
Key Provisions of DCROs
- Definition: Acts that harm the safety, security, or privacy of a person. This includes behaviors tied to human trafficking.
- Eligibility: Victims of disorderly conduct or their guardians can file for relief.
- Process: A petition must include specific facts and circumstances, supported by an affidavit made under oath.
- Temporary Orders: Courts may issue temporary restraining orders without notifying the respondent if immediate relief is necessary.
- Hearing Requirement: A hearing must occur within 14 days of issuing a temporary order unless delayed for good cause.
- Order Duration: Relief granted by a DCRO may not exceed two years.
Penalties for Violating DCROs
Violations of DCROs (Class A Misdemeanor)
| Penalty Category | Details |
|---|---|
| Maximum Period of Incarceration | 360 days |
| Minimum Period of Incarceration | None specified |
| Maximum Fines | $3,000 |
| Minimum Fines | None specified |
| Court Administration Fees | $200 |
| Minimum Length of Probation | None specified |
| Maximum Length of Probation | 2 years supervised probation |
| Supervised Probation Required | Yes |
| 85% Rule Applies | No |
| Offender Registration Requirements | Not applicable |
| Offender Against Children Requirements | Not applicable |
Real-Life Applications of DCROs
- Stalking: A person persistently follows or contacts another, creating fear for their safety.
- Verbal Threats: Repeated threats of harm made in person or over communication platforms.
- Human Trafficking Attempts: An individual engaging in activities linked to trafficking.
- Unwanted Surveillance: An individual uses devices to monitor another’s activities without consent.
- Abusive Behavior in Shared Spaces: Acts that disrupt the peace or privacy of someone in a shared residence or workplace.
Defenses Against Violations of DCROs
Constitutionally Protected Activities
Constitutionally protected rights, such as freedom of speech, assembly, or religion, may not be classified as disorderly conduct under this statute. If the actions in question fall under these protections, the defense can argue that the alleged behavior was lawful and cannot be the basis for a restraining order or a violation thereof. For example, peaceful protest activities near the petitioner’s location may be permissible even if perceived as intrusive, provided they comply with the law.
Lack of Proper Notification
For a DCRO to be enforceable, the respondent must be properly notified of its existence and terms. If service was not completed in accordance with statutory requirements, the order may be considered invalid. A defense attorney can investigate and argue that the lack of proper notification undermines the legitimacy of any alleged violation. This is particularly relevant in cases where improper service leads to unintentional breaches.
Lack of Probable Cause
Probable cause is required to issue a DCRO and to allege a violation. If the petition lacked sufficient evidence to establish disorderly conduct or if the claims were exaggerated or false, this defense challenges the validity of the order itself. Defendants can present counter-evidence, such as messages or witnesses, to demonstrate that the alleged conduct did not rise to the level of disorderly conduct.
Misidentification
Cases of misidentification occur when someone is wrongly accused of behavior attributed to another individual. For example, if a respondent was not present at the time and place of the alleged violation, evidence such as alibis, surveillance footage, or witness testimony can be crucial. This defense emphasizes that the respondent was not the perpetrator of the alleged actions.
Expiration of Order
A DCRO has a maximum duration of two years, and any violation alleged to have occurred after its expiration is invalid. A defense attorney can review the dates of the alleged incident and the order to confirm whether the order was still in effect. Additionally, if the order was extended improperly without due process, this can also be a basis for dismissal.
How a Lawyer Can Help
An attorney is critical for navigating DCRO proceedings, whether filing, defending, or addressing violations. Services include:
- Petition Preparation: Ensuring petitions meet statutory requirements and include compelling evidence.
- Representation in Hearings: Advocating for your position and presenting evidence effectively.
- Challenging Invalid Orders: Identifying procedural or substantive flaws in the issuance of a DCRO.
- Mitigating Penalties: Negotiating alternative resolutions or reduced penalties in violation cases.
Frequently Asked Questions About DCROs
What constitutes disorderly conduct?
Disorderly conduct includes unwanted acts, words, or gestures intended to harm someone’s safety, privacy, or security. It does not include constitutionally protected activities.
Who can file for a DCRO?
Victims of disorderly conduct and the parents or guardians of minor victims are eligible to file.
What is the process for obtaining a DCRO?
A petitioner must file a petition with an affidavit detailing specific facts supporting the request. A temporary order may be issued pending a full hearing.
How long does a DCRO last?
DCROs can remain in effect for up to two years unless modified or terminated by the court.
Can a DCRO be issued without notifying the respondent?
Yes. Temporary orders can be issued without prior notice if immediate relief is necessary.
What are the penalties for violating a DCRO?
Violating a DCRO is a Class A misdemeanor punishable by up to 360 days in jail and fines of up to $3,000.
How can law enforcement enforce a DCRO?
Law enforcement can arrest violators without a warrant if there is probable cause of a violation.
Are there fees for filing a DCRO?
No. Petitioners are not charged fees for filing or serving process in DCRO cases involving domestic violence.
What happens at the hearing?
The court reviews evidence and hears arguments to determine if the respondent engaged in disorderly conduct and if the order should remain in effect.
Can a DCRO be modified?
Yes. Either party can petition the court to modify or terminate the order based on changed circumstances.
What if the respondent claims free speech protections?
The court evaluates such claims as a matter of law and excludes evidence of constitutionally protected activity if valid.
Can parents face penalties for allowing disorderly conduct?
Yes. Enabling or encouraging disorderly conduct can lead to additional legal consequences.
What is the role of law enforcement in maintaining DCROs?
Law enforcement agencies are responsible for entering, maintaining, and responding to inquiries about DCROs in national databases.
Are violations of temporary orders treated differently?
No. Violations of temporary and permanent DCROs carry the same penalties under the law.
How can I challenge a false accusation of disorderly conduct?
You can present evidence, such as witness statements or video footage, demonstrating that the allegations are unfounded.
Does a DCRO affect firearm possession?
The court may impose firearm restrictions if the respondent poses a significant threat of violence.
Can a DCRO be enforced across state lines?
Yes. DCROs entered into national databases are enforceable in other jurisdictions under full faith and credit laws.
What should I do if I am served with a DCRO?
Consult an attorney immediately to understand your rights, prepare for the hearing, and avoid violating the order.
How does a DCRO differ from a protection order?
DCROs address disorderly conduct, while protection orders typically involve domestic violence or threats.
Can violations of a DCRO lead to additional charges?
Yes. Multiple violations can result in compounded penalties or additional charges for harassment or stalking.
Why is legal representation important in DCRO cases?
An attorney ensures proper procedure, effective argumentation, and protection of your rights throughout the process.