PROCESS OF OBTAINING A DISORDERLY CONDUCT RESTRAINING ORDER

Transcription

1 PROCESS OF OBTAINING A DISORDERLY CONDUCT RESTRAINING ORDER 1. Fill out the form called "Petition for Disorderly Conduct Restraining Order and Affidavit". When you do this, include as many details and facts as you can to show why you need a restraining order. a. You are the Petitioner. b. The other person is the Respondent. c. This form must be signed in front of a notary public. They must witness you signature and may require some form of identification. d. Please try to use full complete names, not nicknames. 2. Try to fill out as much information as you can on the form called a "Disorderly Conduct Order Cover Sheet". It is designed to help law enforcement enforce the judge's order. 3. There in an eighty ($80) dollar filing fee. If you feel you CAN'T afford the fee, complete the attached forms entitled "Affidavit in Support of Petition for Waiver of Fees" AND "Petition to Waive Payment of Fees". The Judge will determine if you need to pay the fee or not. 4. Take ALL the completed paperwork to the Clerk of Court, located on the main floor of the McHenry County Courthouse, 407 South Main Street, Towner, ND 58788, (701) A clerk will take your petition to an available judge. 5. If the judge believes it is appropriate, he/she will sign the Temporary Disorderly Conduct Restraining Order and give back to the Clerk of Court for processing. 6. The Clerk will make at least four certified copies that go to the following: a. You (the clerk will mail) b. Sheriff's Office (3 copies: one for them, one to serve on the Respondent, and one for police dispatch.) c. The original stays with the Clerk of Court for filing. 7. The Sheriff's Office will personally serve the Respondent with the Temporary Order. Once he/she is served, the Temporary Order is in effect and any violation should be reported to the police and could result in their arrest. 8. You must appear at the hearing on the day and time listed in the Temporary Order. If you fail to appear the action will be dismissed by the Judge. If you have any witnesses to the facts you put in you "Petition", you may bring them with you to the hearing. You do not have to be represented by an attorney, but if you wish to hire one, be sure they have all the paperwork prior to the hearing. The McHenry County State's Attorney or representative from their office CAN'T appear with you or represent you in this civil action. 9. At this hearing, the judge may enter a permanent restraining order good for a longer period of time. This hearing gives the Respondent the opportunity to give his/her side of the story and to present any witnesses to the facts. 10. Report any violation of any order immediately to law enforcement by calling 911.

2 Disorderly Conduct: means intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.

3 DISCORDERLY CONDUCT RESTRAINING ORDER COVER SHEET THIS INFORMATION IS INTENDED FOR LAW ENFORCEMENT USE ONLY To be delivered to the Law Enforcement Agency along with the Order. This section to be completed by the Petitioner. In order to enter this information into the statewide system, ALL shaded areas must be completed. RESPONDENT'S Information Last Name: First Name: MI: Last Name (Also Know as): First Name (Also Know as): MI (Also Know as): Date of Birth: Social Security Number / Driver's License Number: Sex: Race: Height: Weight: Eyes: Hair: Other identifying characteristics, i.e., glasses, long hair, bears, tattoos, etc... Last Known address (Street, City & State) Phone number: Other address where Respondent may be found(street, City & State) Phone number: Place of Employment, Name of Office (Street, City & State) Phone number Hours of Employment: Description of Vehicle/s (Color, Year, Make, Model, License No.): Is Respondent know to possess any firearms or weapons? No 0 Yes, Please list Weapon/s Pistol/s Rifle/s Shotgun/s description: description: description: description: Is Respondent known to possess a N.D. Concealed Weapon's Permit? No Yes Unknown Is Respondent known to be violent towards person other than the Petitioner? No Yes, Please explain: PETITIONER'S Information Last Name: First Name: MI: Last Known address (Street, City & State) Place of Employment, Name of Office (Street, City & State) Phone number: Phone number: Does Petitioner have children living with him/her? No Yes, Please list ages THIS SECTION FOR LAW ENFORCEMENT USE ONLY Copies to other Law Enforcement Agencies: No Yes, Please list: No Contact Restrained from Petitioner's residence Restrained from Petitioner's employment Court ordered restraints: No Visitation Limited Visitation When and Where: Items to be surrendered to Law Enforcement: / / Date issued CWIS Number / / Date of expiration Case Number

4 STATE OF NORTH DAKOTA COUNTY OF IN DISTRICT COURT JUDICIAL DISTRICT Petitioner, Case No. VS. Defendant. AFFIDAVIT IN SUPPORT OF PETITION TO WAIVE PAYMENT OF FEES Petitioner,, being first duly sworn, states as follows: 1. My present gross monthly income from employment is $ 2. I receive $ each month for child support. I receive $ each month in AFDC or other welfare benefits. I receive $ each month in spousal support (alimony). I receive $ each month from other sources (List the source: ) 3. Besides clothing, ordinary household goods, and inexpensive personal possessions, the only assets or property I own are: Item of property Value of item (Use the back of this sheet if necessary to list more items) 4. My monthly expenses for each of the following are: Rent $ Food $ Heat $ Electricity $ Phone $ Water $ Medical $ Transportation $ Other $ (List what this expense is for: )

5 SFN (05/01) 5. I owe the following debts: Person or Company you owe Amount owed 6. I am unable to pay the required filing fee and sheriffs costs of service and could not start this action without depriving myself and/or those dependent on me for support of the necessities of life. Dated this day of, 2 Petitioner Subscribed and sworn to before me this day of, 2 Notary Public My commission expires: 2

6 STATE OF NORTH DAKOTA COUNTY OF IN DISTRICT COURT JUDICIAL DISTRICT N R'T Petitioner, Case No. VS. Defendant. PETITION TO WAIVE PAYMENT OF FEES Petitioner,, requests this court to waive the filing fees in this action. This request is made pursuant to North Dakota Century Code Section Petitioner has insufficient income and resources to proceed without such a waiver as shown by the attached Affidavit in Support of Petition to Waive Fees. Dated this day of, 2. Attorney for Petitioner / Petitioner ORDER WAIVING FEES Pursuant to N.D.C.C. Section , and based upon Petitioner's Affidavit in Support of Petition to Waive Fees, the Petition is granted. The Clerk of Court is directed to file this action without collection of fees from Petitioner. Dated this day of, 2 BY THE COURT Judge of the District Court

7 SFN (07/01) c,..tt:!:.., -:-.:... ;0: *-,,; r..ii. A '. --1,.4k._.,.c)P Nogro% STATE OF NORTH DAKOTA COUNTY OF IN DISTRICT COURT JUDICIAL DISTRICT vs. Petitioner, Case No. / Respondent. The undersigned Petitioner states as follows: I am of the conduct complained of in this petition. I am the [parent] [guardian] of complained of in this petition. My [child's] [ward's] age is: My address is: (Petitioner may ask the court to leave this line blank) PETITION FOR DISORDERLY CONDUCT RESTRAINING ORDER, who is the victim of the conduct The respondent's address is: My age is: The respondent's age is: My relationship to respondent is: Underline the appropriate word (stranger, spouse, ex-spouse, friend, other relative, acquaintance, other.) I ask that a temporary restraining order be given requiring the respondent to stop the disorderly conduct directed at me my child my ward. I also ask that the respondent have no contact with. I request that a hearing be scheduled and that a more permanent restraining order be given after that hearing. Beginning with the most recent event, these are the actions that support my request for a restraining order (include dates). This is what happened:

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11 SFN (07/01) [Use additional sheet if necessary] People who witnessed these events are: Name(s): [If there are other events which support your petition, describe date of the event and the name of any witness(es).] Dated this day of, 2. them on an additional sheet of paper. Include the (Signature of Petitioner) Subscribed and sworn before this day of, 2. County, North Dakota Clerk or Notary Public If notary, my commission expires: