Title 14 — Domestic Relations and Persons

If the court finds by a preponderance of the evidence any of the litigation pending before the court does not constitute abusive litigation, the court shall enter written findings to that effect and the portions of the litigation found not to be abusive may proceed.

The supreme court may adopt rules to implement this chapter.

For purposes of this chapter: 1. a. "Civil protection order" means a protection order that prohibits the restrained individual from: (1) Contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, sexually assaulting, or abusing any protected indivi…

1. An individual who is or has been a victim of disorderly conduct, domestic violence, or sexual assault may file a petition for a civil protection order against: a. A family or household member who commits an act of domestic violence; or b. An individual who has committed disord…

1. A civil protection order must contain a conspicuous notice to the respondent providing: a. The specific conduct that constitutes a violation; b. The penalties for violation of the order; and c. A peace officer may arrest the respondent without a warrant and take the respondent…

1. If the petition for relief alleges reasonable grounds that a respondent engaged in disorderly conduct, the court, pending a full hearing, may grant a temporary disorderly conduct restraining order ordering the respondent to cease the disorderly conduct or contact with the prot…

1. The court may grant a disorderly conduct restraining order ordering the respondent to cease the disorderly conduct or contact with the protected individual if: a. The petitioner files a petition under section 14-07.7-02; b. The sheriff serves the respondent with a copy of the …

1. If the petition for relief alleges reasonable grounds to believe a respondent engaged in domestic violence, the court, pending a full hearing, may grant a temporary domestic violence protection order that may include provisions: a. Restraining the respondent from having contac…

1. The court may enter a domestic violence protection order if: a. The petitioner files a petition under section 14-07.7-02; b. The sheriff serves the respondent with a copy of the temporary domestic violence protection order issued under section 14-07.7-06 and with notice of the…

1. If the petition for relief alleges reasonable grounds to believe an individual has committed sexual assault, the court, pending a full hearing, may grant a temporary sexual assault restraining order. 2. A temporary restraining order may be entered only against the individual n…

1. The court may grant a sexual assault restraining order if: a. The petitioner files a petition under section 14-07.7-02; b. The sheriff serves the respondent with a copy of the temporary sexual assault restraining order issued under section 14-07.7-08 and with notice of the tim…

When an order is issued under this chapter, the order must include or have attached to it a copy of section 12.1-17-07.

1. When a protection order is issued, extended, modified, or terminated under this chapter, the court shall transmit a copy of the order to the sheriff of the county in which the respondent resides for service on the respondent. 2. If the respondent cannot be served, the order ma…

An individual's right to apply for relief under this chapter is not affected if the individual leaves the residence or dwelling to avoid domestic violence. The court may not require security or bond from any party unless the court deems it necessary in exceptional cases.

1. The court, upon the request of either party or upon its own motion, may appoint an attorney guardian ad litem in an action for a civil protection order to represent a minor if either party or the court has reason for special concern for the immediate future of the minor. 2. A …

Any proceeding under this chapter may be in addition to other civil or criminal remedies.

1. When a protection order is issued, extended, modified, or terminated under this chapter, the court shall transmit the order electronically to the bureau of criminal investigation. 2. The bureau of criminal investigation shall enter the order electronically in the national crim…

When a civil protection order is granted under this chapter and the respondent or individual to be restrained is served a copy of the order, the first violation of an order is a class A misdemeanor. A violation of a civil protection order also constitutes contempt of court. Follo…

1. A law enforcement officer shall arrest an individual without a warrant if the individual has committed the offense of violating a protection order under subsection 1 of section 14-07.7-03, regardless of whether the violation was committed in the presence of the officer. 2. A l…

When an order is issued upon request of the petitioner, the court shall order the sheriff or other appropriate law enforcement officer to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence, or otherwise assist in execution of …

An order issued under sections 12.1-31-01.2, 12.1-31.2-01, 14-07.1-02, 14-07.1-03, or 14-07.1-08 before January 1, 2026, remains in effect for the period indicated in the court order.

A person legally responsible for the support of a child under the age of eighteen years who is not subject to any subsisting court order for the support of the child and who fails to provide support, subsistence, education, or other necessary care for the child, regardless of whe…

Terms defined in chapter 14-09 have the same meaning when used in this chapter.

An obligation for the support of a child under section 14-08.1-01 may be asserted by a civil action. The action may be commenced in the district court of the county wherein the child or the defendant resides or may be found, or wherein the defendant has assets subject to attachme…

In order to enforce an obligation for the support of a child under section 14-08.1-01, the court may make suitable provision for the future care or support of the child, require reasonable security for payments required under this chapter, and enforce the obligation by attachment…

The child support agency shall commence any appropriate action or proceeding under sections 14-08.1-02 and 14-08.1-03. Except for public assistance cases as determined by the child support agency, a sheriff may charge and collect from the child support agency service of process f…

1. Any order directing any payment or installment of money for the support of a child is, on and after the date it is due and unpaid: a. A judgment by operation of law, with the full force, effect, and attributes of a judgment of the district court, and must be entered in the jud…

1. In any case in which an individual owes past-due child support, the court may, by order, require the individual to: a. Pay past-due support in accordance with a plan approved by the court or the child support agency; b. If the individual is subject to such a plan and is not in…

An authorized agent of the child support agency, in any circumstance or proceeding requiring proof of the contents of the official records of the state regarding any information maintained in the state case registry of the automated data processing system established under sectio…

The purpose of this chapter is, through mediation, to enable the parties in contested child custody, support, or visitation proceedings to resolve the dispute voluntarily.

In any proceeding involving an order, modification of an order, or enforcement of an order for the custody, support, or visitation of a child in which the custody or visitation issue is contested, the court may order mediation at the parties' own expense. The court may not order …

For any mediation ordered under this chapter, the court shall appoint a mediator from a list of qualified mediators approved by the court.

The supreme court shall adopt rules establishing the minimum qualifications of a mediator. To be included on a list of qualified mediators approved by the court, a person must possess the minimum qualifications.

The mediator shall conduct the mediation proceedings in private. The mediator may not exclude counsel from participation in the mediation proceedings.

Any communication, verbal or written, in a mediation proceeding under this chapter is confidential and inadmissible as evidence in any proceeding. A mediator appointed under this chapter may not be a witness and the notes and work product of the mediator are not subject to discov…

The mediator shall prepare a written summary of any agreement of the parties. The mediator shall inform the parties the summary may not be shown to the court unless signed by the parties. The mediator shall advise the court whether an agreement was reached.

The mediator may report to the court at any time that the parties are unable to reach an agreement. The mediator may recommend to the court that a full hearing on the custody, support, or visitation issue be held within thirty days. The mediator may not make a substantive recomme…

A parenting coordinator is a neutral individual authorized to use any dispute resolution process to resolve disputes between parties arising under a parenting plan or court order. The purpose of a parenting coordinator is to resolve disputes by interpreting, clarifying, and addre…

In any action for divorce, legal separation, paternity, or guardianship in which children are involved, the court, upon its own motion or by motion or agreement of the parties, may appoint a parenting coordinator to assist the parties in resolving disputes related to the parentin…

The supreme court shall establish qualifications and maintain and make available to the public a roster of individuals eligible to serve as a parenting coordinator. The roster must include each individual's name, address, and telephone number.

Within five days of notice of the appointment, or within five days of notice of a subsequent dispute between the same parties, the parenting coordinator shall meet with the parties together or separately and shall make a diligent effort to facilitate an agreement to resolve the d…

Before the appointment of the parenting coordinator, the court shall give the parties notice that the fees of the parenting coordinator will be apportioned between the parties. In its order appointing the parenting coordinator, the court shall apportion the fees of the parenting …

1. If there is an ongoing dispute between the parties regarding a specific written decision of the parenting coordinator, the written decision must be filed with the court and served upon the parties. 2. Statements made and documents produced as part of the parenting coordinator …

A parenting coordinator is immune from civil liability for damages for acts or omissions of ordinary negligence arising out of that individual's duties and responsibilities as a parenting coordinator.

The court may terminate or modify the parenting coordinator appointment upon agreement of the parties, upon motion of either party, at the request of the parenting coordinator, or by the court on its own motion for good cause shown. Good cause includes: 1. Lack of reasonable prog…

1. "Adult" means an individual who has attained eighteen years of age or an emancipated minor. 2. "Caretaking authority" means the right to live with and care for a child on a day-to-day basis. The term includes physical custody, parenting time, right to access, and visitation. 3…

In addition to other remedies under law of this state other than this chapter, if a court finds that a party to a proceeding under this chapter has acted in bad faith or intentionally failed to comply with this chapter or a court order issued under this chapter, the court may ass…

1. A court may issue an order regarding custodial responsibility under this chapter only if the court has jurisdiction under chapter 14-14.1. 2. If a court has issued a temporary order regarding custodial responsibility pursuant to sections 14-09.3-11 through 14-09.3-21, the resi…

1. Except as otherwise provided in subsection 4 and subject to subsection 3, a deploying parent shall notify in a record the other parent of a pending deployment or redeployment not later than seven days after receiving notice of deployment or redeployment unless reasonably preve…

1. Except as otherwise provided in subsection 2, an individual to whom custodial responsibility has been granted during deployment pursuant to sections 14-09.3-07 through 14-09.3-10 or sections 14-09.3-11 through 14-09.3-21 shall notify the deploying parent and any other individu…