Title 14, Domestic Relations and Persons

Relief granted under sections 14-02.5-39 through 14-02.5-44 does not affect a contract, sale, encumbrance, or lease that is consummated before the granting of the relief and involves a bona fide purchaser, encumbrancer, or tenant who did not have actual notice of the filing of a …

On request of the department, the attorney general may intervene in an action under sections 14-02.5-39 through 14-02.5-44 if the department certifies that the case is of general public importance. The attorney general may obtain the same relief as is available to the attorney ge…

A court in an action brought under this chapter or the department in an administrative hearing under section 14-02.5-31 may award reasonable attorney's fees to the prevailing party and assess court costs against the nonprevailing party.

1. A person commits an offense if the person, without regard to whether the person is acting under color of law, by force or threat of force, intentionally intimidates or interferes with an individual: a. Because of the individual's race, color, religion, sex, disability, age, fa…

A complaint filed with the department under section 14-02.5-18 is an open record. Information obtained during an investigation conducted by the department under this chapter is exempt from section 44-04-18 before the institution of any judicial proceedings or administrative heari…

As used in this chapter: 1. "Partially born" means the living intact fetus's body, with the entire head attached, is delivered so that any of the following has occurred: a. The living intact fetus's entire head, in the case of a cephalic presentation, or any portion of the living…

1. Any person who intentionally causes the death of a living intact fetus while that living intact fetus is partially born is guilty of a class AA felony. A mother whose living intact fetus dies while partially born may not be prosecuted for a violation of this chapter or for con…

Section 14-02.6-02 does not prohibit a physician from taking measures that in the physician's medical judgment are necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury, if: 1. Every reasonable precaution is also taken, in this…

In this chapter: 1. "Amendment" means a modification or revocation of a premarital agreement or marital agreement. 2. "Marital agreement" means an agreement between spouses who intend to remain married which affirms, modifies, or waives a marital right or obligation during the ma…

1. This chapter applies to a premarital agreement or marital agreement signed after July 31, 2013. 2. This chapter does not affect any right, obligation, or liability arising under a premarital agreement or marital agreement signed before August 1, 2013. 3. This chapter does not …

The validity, enforceability, interpretation, and construction of a premarital agreement or marital agreement are determined: 1. By the law of the jurisdiction designated in the agreement if the jurisdiction has a significant relationship to the agreement or either party and the …

Principles of law and equity may not: 1. Supplement an agreement executed in accordance with this chapter; or 2. Be used to alter a material term in an agreement executed in accordance with this chapter.

A premarital agreement or marital agreement must be in a record and signed by both parties. The agreement is enforceable without consideration.

A premarital agreement is effective on marriage. A marital agreement is effective on signing by both parties.

If a marriage is determined to be void, a premarital agreement or marital agreement is enforceable to the extent necessary to avoid an inequitable result.

1. A premarital agreement or marital agreement is unenforceable if a party against whom enforcement is sought proves: a. The party's consent to the agreement was involuntary or the result of duress; b. The party did not have access to independent legal representation under subsec…

1. In this section, "parental rights and responsibilities" means all the rights and responsibilities a parent has concerning the parent's child. 2. A term in a premarital agreement or marital agreement is not enforceable to the extent that it: a. Adversely affects a child's right…

A statute of limitations applicable to an action asserting a claim for relief under a premarital agreement or marital agreement is tolled during the marriage of the parties to the agreement, but equitable defenses limiting the time for enforcement, including laches and estoppel, …

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize electronic delivery of any of the notices desc…

The legislative assembly finds that there are an ever-increasing number of persons in this state who, having fulfilled a role as homemaker, find themselves "displaced" in their middle years through separation, divorce, death or disability of spouse, or other loss of support. As a…

1. "Department" means the department of public instruction. 2. "Displaced homemaker" means an individual who: a. Has worked in the individual's home providing unpaid services for household members; b. Has been or is unemployed or underemployed; c. Has had or will have difficulty …

The superintendent is authorized to enter into contracts with and make grants to nonprofit agencies or organizations to carry out the programs, as enumerated in sections 14-06.1-06, 14-06.1-07, 14-06.1-08, 14-06.1-09, and 14-06.1-10. Service centers must be designed and staffed a…

The superintendent shall explore all possible sources of funding and in-kind contributions from federal, state, local, and private sources in establishing displaced homemaker services.

The service centers shall have a job counseling program for displaced homemakers. Job counseling must be specifically designed for the person re-entering the job market after a number of years as a homemaker. The counseling shall take into account and build upon the skills and ex…

The service centers shall have job readiness training programs for displaced homemakers. The department may contract or enter into cooperative agreements, or both, with local, state, and federal government agencies, and private employers to develop training programs, or to utiliz…

Each of the service centers shall develop a goal to serve a stated number of urban and rural displaced homemakers. In addition, the service centers shall develop plans for including displaced homemakers in existing job training and placement programs offered by job service, colle…

Service centers are responsible for assisting in preparing the trainee for employment. The superintendent shall work in cooperation with the appropriate agencies.

The service centers shall, in cooperation with other existing service programs, ensure that displaced homemakers receive information and referral services which include: 1. A health counseling and referral clinic based on principles of preventive health care and consumer health e…

The superintendent shall cooperatively establish eligibility requirements with appropriate agencies in accordance with local, state, and federal program regulations to interpret the eligibility of persons for the job readiness training and other programs of the service centers, t…

The superintendent may delegate any or all of the authority granted by this chapter as the superintendent deems appropriate.

The superintendent shall establish an advisory body to the department which shall consist of one citizen member representing each planning region of the state and two citizen members to be selected at large. Membership may represent displaced homemakers, local service providers, …

The superintendent, in cooperation with the advisory body, the administrator of each center, and with appropriate heads of nonprofit agencies or organizations carrying out the programs, shall by January 30, 1985, prepare and furnish to the legislative assembly an evaluation repor…

There is hereby created in the department a displaced homemaker's account. The superintendent may apply for and accept any funds, grants, gifts, or services made available for displaced homemakers by any agency or department of the federal government or any private agency or indi…

1. There is hereby appropriated out of any moneys in the displaced homemaker account in the state treasury, not otherwise appropriated, the sum of two hundred fifty thousand dollars per biennium, or so much thereof as may be necessary, to the superintendent of public instruction …

1. "Department" means the department of health and human services. 2. "Domestic violence" includes physical harm, bodily injury, sexual activity compelled by physical force, assault, or the infliction of fear of imminent physical harm, bodily injury, sexual activity compelled by …

If the court finds that a party's allegation of domestic violence in a civil protection order proceeding, divorce proceeding, parenting responsibility proceeding, parenting time proceeding, separation proceeding, or termination of parental rights proceeding is false and not made …

The district court may require an individual who has committed a crime involving domestic violence, as defined in this chapter, or who has violated a domestic violence protection order to complete domestic violence treatment under the direction of the domestic violence court prog…

1. If a law enforcement officer has probable cause to believe that a person has committed a crime involving domestic violence, whether the offense is a felony or misdemeanor, and whether or not the crime was committed in the presence of the officer, the law enforcement officer sh…

1. A law enforcement officer may arrest an individual without a warrant if the arrest is made within twelve hours from the time the officer determines there is probable cause to arrest for an assault of a family or household member as defined in section 14-07.1-01, whether or not…

A law enforcement officer shall make a written report of the investigation of any allegation of domestic violence regardless of whether an arrest was made. If an officer determines through the course of an investigation that one of the individuals was the predominant aggressor, t…

1. Every law enforcement agency shall develop and implement, with assistance from the criminal justice training and statistics division, specific operational guidelines for arrest policies and procedures in crimes involving domestic violence. The guidelines must include procedure…

The domestic violence and sexual assault prevention fund is a special fund in the state treasury. The moneys accumulated in the fund are allocated to the department for distribution as provided by this chapter and within the limits of legislative appropriation. The fund is not su…

The department shall administer moneys in the domestic violence and sexual assault prevention fund for grants to domestic violence sexual assault organizations as defined in section 14-07.1-01. Up to ten percent of the fund may be allocated to the state domestic violence sexual a…

The department shall: 1. Respond to all applicants within sixty days after the deadline for receipt of applications, whether or not the applicant is eligible for funds. 2. Ensure that no more than ten percent of the moneys allocated to the domestic violence prevention fund in any…

1. All agents, employees, and volunteers participating in a domestic violence or sexual assault program shall maintain the confidentiality of the: a. Address, telephone number, and other identifying information of a safe home, and place of emergency safe housing; b. Name, address…

If an individual charged with or arrested for a crime involving domestic violence, including a violation of a civil protection order under chapter 14-07.7 or an order prohibiting contact under section 12.1-31.2-02, is released from custody, a district or municipal court may requi…