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What You Should Know About Disorderly Conduct Restraining Orders in North Dakota

WORDS : IAN MCLEAN, SERKLAND LAW FIRM

If you ever find yourself the victim of intrusive or unwanted acts or words that you believe are intended to adversely affect your safety, security or privacy, you should consider obtaining a “disorderly conduct restraining order.”

Q:

What is a disorderly conduct restraining order?

A:

A disorderly conduct restraining order is a court order which typically orders an individual to cease or avoid the disorderly conduct or to have no contact with the victim.

Q:

What is disorderly conduct?

A:

In North Dakota, disorderly conduct is defined as intrusive or unwanted acts, words or gestures that are intended to adversely affect the safety, security or privacy of another person. Examples of disorderly conduct could include threats, bullying, harassment or abuse.

Q:

Who may seek a disorderly conduct restraining order?

A:

A person who is a victim of disorderly conduct or the parent or guardian of a minor who is a victim of disorderly conduct. A disorderly conduct restraining order can be utilized if someone is victim of disorderly conduct by a family member, friend or even a stranger.

Q:

How does a person obtain a disorderly conduct restraining order? A:

A person must file a petition and affidavit with the court which, at a minimum, must allege facts to show the name of the victim, the name of the person engaging in disorderly conduct, and the specific facts or circumstances supporting the allegation the person engaged in disorderly conduct.

The North Dakota Supreme Court website provides a draft petition/affidavit (with instructions) which a person can fill out and file with the court.

Q:

What happens after I file for a disorderly conduct restraining order?

A:

The court will review your petition. If the court finds the petition alleges reasonable grounds to believe that an individual has engaged in disorderly conduct, the court will likely grant a temporary disorderly conduct restraining order ordering the individual to cease or avoid the disorderly conduct or to have no contact with the victim. The sheriff will serve a copy of the temporary restraining order on the person who is alleged to have been engaging in the disorderly conduct. As the name suggests, the temporary restraining order is only effective for a temporary set of time, typically fourteen days.

Q:What happens after the Court grants a temporary disorderly conduct restraining order?

A:The court will hold a hearing within two weeks on whether to extend the temporary disorderly conduct restraining order and grant a disorderly conduct restraining order. At the hearing, the person requesting the restraining order must show evidence the other individual has engaged in disorderly conduct. The other individual will be provided an opportunity to present their own evidence. If the court finds that the victim has proved there are reasonable grounds to believe the other person has engaged in disorderly conduct, the judge may grant a disorderly conduct restraining order which cannot last more than two years.

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Ian McLean

This article was prepared by Ian McLean, an attorney with the Serkland Law Firm in Fargo. McLean practices in the areas of general commercial litigation, personal injury, estate litigation, legal malpractice and education law. For more information, call 701-232-8957, email imclean@serklandlaw.com or visit serklandlaw.com.

This article should not be considered legal advice and should not be relied upon by any person with respect to his/her specific situation.

homewardonline.org

BY CIARA BERG

Prep time 15 minutes Cook time 25-35 minutes | Serves 4-6 ingredients:

1 loaf gluten free white bread (19 ounces)

3 cups chicken broth

1/3 cup vegan butter

1 bundle green onions, finely chopped (green parts only)

1 cup lactose free milk (for dairy-free, substitute with chicken broth or unsweetened almond milk)

¼ teaspoon black pepper

½ teaspoon salt

1 tablespoon sage

½ tablespoon basil

½ tablespoon oregano

½ tablespoon rosemary

2 eggs, whisked

directions for Bread cuBes

Preheat oven to 375°F directions for stuffing

Cut bread into cubes. Spread bread cubes on a large non-stick baking sheet. Bake 15-20 minutes or until pieces are golden brown. Be sure to toss the pieces a couple of times so all sides get done. I let the bread cubes sit overnight to make sure they are completed dried out, but letting them sit overnight is not necessary.

Preheat oven to 425°F

Spray a 9 x 13 inch baking pan with cooking oil. In a large pot add chicken broth, butter, chicken broth, green onions, black pepper, salt, sage, basil, oregano and rosemary. Bring to a boil. Boil for 5 minutes. Fold in bread cubes. Fold in whisked eggs. Spread stuffing mixture into greased baking pan. Bake for 12 minutes. Enjoy!

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