North Dakota Crimes

Even if you do not qualify for a protection order or a disorderly conduct restraining order, the abuser may have committed a crime. If you call the police, they may arrest him/her for a crime and you may get a restraining order through the criminal court. Remember that even if you do have a protection order or a disorderly conduct restraining order, you can still report him/her to the police if you believe s/he committed a crime against you.

In our Abuse Using Technology section, you can learn the types of behaviors that are considered a misuse of technology. Some of these behaviors might be recognized as a crime depending on the specific laws of your state.

What are some crimes that the abuser may have committed in North Dakota?
What is an order prohibiting contact?
If I am the victim of a crime, where can I get additional help in North Dakota?

What are some crimes that the abuser may have committed in North Dakota?

Here is a list of some possible crimes in North Dakota that the abuser may have committed. You can click on the links to read the legal definition of each crime on our State Statutes page:

Statute	Crime (click here to sort the list alphabetically by crime names)
12.1-17-01	Simple assault
12.1-17-01.1	Assault
12.1-17-01.2	Domestic violence
12.1-17-02	Aggravated assault
12.1-17-03	Reckless endangerment
12.1-17-05	Menacing
12.1-17-06	Criminal coercion
12.1-20-03	Gross sexual imposition
12.1-20-04	Sexual imposition
12.1-20-07	Sexual assault
12.1-20-12.2	Surreptitious intrusion
12.1-20-12.3	Sexual extortion
12.1-17-07	Harassment
12.1-17-07.1	Stalking
12.1-17-07.2	Distribution of intimate images without or against consent
12.1-18-05	Removal of child from state in violation of custody decree
12.1-23-10	Theft and related offenses
12.1-23-11	Unauthorized use of personal identifying information
12.1-41-02	Human trafficking

What is an order prohibiting contact?

Under certain circumstances, the judge overseeing a criminal case against the abuser can order them not to have any contact with you. The judge can order this if the abuser is charged with, arrested for, sentenced for, or under a deferred imposition of a sentence for any of the following:

1. a crime of violence;
2. a threat of violence;
3. stalking;
4. harassment; or
5. a sex offense.¹

The state’s attorney should give you a copy of this order once the judge issues it.¹ The judge must also order the abuser to surrender any firearm or other dangerous weapon to the sheriff or chief of police if the judge believes it is likely the abuser will display, use, or threaten to use the weapon in any more acts of violence.² 

Either you or the abuser can file a motion asking for the order to be changed (modified) or ended (terminated). You can request that the judge hold a hearing to decide this issue.³ 

This no-contact order will automatically end if:

1. the charges against the abuser are dismissed;
2. the abuser is acquitted of the charges;
3. the abuser is sentenced for the crime; or
4. the judge issues an order deferring a sentence for the charged crime.⁴ 

If the abuser is sentenced or if the judge defers the sentencing, the judge has the option to issue a new order.⁴ 

If the abuser contacts you in violation of this order, that is a class A misdemeanor. The maximum penalty for a class A misdemeanor is imprisonment for 360 days, a fine of $3,000, or both.⁵                                                                    

The abuser must also be arrested if a law enforcement officer believes there is “probable cause” that the abuser violated the order, even if the officer did not see the violation directly.⁶ 

¹ N.D. Cent. Code § 12.1-31.2-02(1)(a)
² N.D. Cent. Code § 12.1-31.2-02(2)
³ N.D. Cent. Code § 12.1-31.2-02(1)(b)
⁴ N.D. Cent. Code § 12.1-31.2-02(1)(c)
⁵ N.D. Cent. Code §§ 12.1-31.2-02(4); 12.1-32-01(5)
⁶ N.D. Cent. Code § 12.1-31.2-02(5)

If I am the victim of a crime, where can I get additional help in North Dakota?

The North Dakota Department of Corrections & Rehabilitation runs a Victim Services Program, which provides information on victims’ rights and services.

For information on victims’ compensation in North Dakota, visit the North Dakota Department of Corrections & Rehabilitation’s Crime Victims Compensation website.

If you are a victim of domestic violence and have been charged with a crime, you can go to our Abuse Victims Charged with Crimes page.

Other organizations for victims of crime are listed on our National Organizations - Crime Victims page.