Cavalier, ND asked in Domestic Violence for North Dakota

Q: petition for disorderly conduct restraining order filed in ND, will the petitioner be notified if a temp order is made

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2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Domestic Violence Lawyer
  • Las Vegas, NV

A: In North Dakota, if a petitioner files a petition for a disorderly conduct restraining order, the court may issue a temporary order or a temporary restraining order (TRO) depending on the circumstances and the judge's assessment of the case. Typically, when a TRO is granted, it is issued ex parte, which means it is granted without notice to the respondent (the person the order is against) or any other parties involved.

However, after a TRO is issued, the court will schedule a hearing, usually within a short period, during which both the petitioner and the respondent have the opportunity to present their sides of the case. At this hearing, the respondent will be formally notified of the TRO and the allegations against them, and they will have the opportunity to respond and present their defense.

The petitioner will be notified of the hearing date, and it is important for both parties to attend this hearing. At the hearing, the judge will decide whether to extend the restraining order, modify it, or dismiss it based on the evidence and arguments presented by both parties.

Lucas Wynne
Lucas Wynne
  • Criminal Law Lawyer
  • St. Louis Park, MN
  • Licensed in North Dakota

A: Yes

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