How Do I Get a No-Contact Order Removed in North Dakota?
- Heartland
- Aug 25
- 4 min read
Understanding No-Contact Orders in North Dakota
A no-contact order in North Dakota is typically issued by a judge in a criminal case—often in situations involving alleged assault, domestic violence, harassment, or stalking. The order prohibits the defendant from contacting the alleged victim directly or indirectly (calls, texts, social media, or through a third party).
These orders are meant to protect individuals, but sometimes they create unintended hardships. For example:
A couple may want to reconcile, but a no-contact order is in place.
A parent may be prevented from seeing their children.
A misunderstanding or false accusation may have led to the order in the first place.
If you’re asking, “How do I remove a no-contact order in North Dakota?”, here’s what you need to know.
Can a No-Contact Order Be Removed?
Yes. In many cases, a no-contact order can be modified or lifted, but it requires court approval. Neither the alleged victim nor the defendant can simply “agree” to ignore it—violating the order is still a criminal offense until a judge officially changes it.
The Process to Remove a No-Contact Order in North Dakota
If you or the protected party want a no-contact order lifted, here are the general steps:
1. File a Motion With the Court
The defendant (through their attorney) must file a motion requesting the judge to modify or remove the no-contact order. This motion should explain:
Why the order is no longer necessary.
Any changes in circumstances since the order was issued.
Why lifting it would not put anyone at risk.
2. Hearing Before the Judge
The court will set a hearing, usually at the same courthouse where the original case is pending (for example, Burleigh County Courthouse in Bismarck or Ward County Courthouse in Minot). At the hearing:
Both sides may present evidence.
The judge will consider the safety of the alleged victim.
The State (prosecutor) will often weigh in, and their objection may influence the outcome.
3. Judge’s Decision
The judge can:
Leave the order in place (unchanged).
Modify it (for example, allowing contact only for child visitation).
Remove it entirely if they believe it’s no longer needed.
Common Reasons Judges Remove or Modify No-Contact Orders
Judges in North Dakota may be willing to remove a no-contact order if:
The alleged victim requests it and testifies they feel safe.
The defendant has completed counseling, treatment, or probation requirements.
Both parties share children and need to communicate for parenting.
The case has been resolved or charges were dismissed.
What If the Victim Wants the Order Removed?
In North Dakota, even if the protected person wants the no-contact order lifted, the decision is still up to the judge. The alleged victim may submit a written request or testify at the hearing, but the judge will always consider public safety and the nature of the underlying charges.
Risks of Violating a No-Contact Order
Until the judge officially removes or changes the order, any violation is a crime. In fact, a violation can:
Lead to new criminal charges.
Result in jail time or probation revocation.
Make it harder to get the order lifted in the future.
This is why working with an experienced criminal defense attorney in North Dakota is essential before trying to have a no-contact order modified.
FAQ: Removing a No-Contact Order in North Dakota
Q: How long does a no-contact order last in North Dakota?
A: It typically lasts for the duration of the criminal case or probation, unless the judge modifies or removes it earlier.
Q: Can the victim drop a no-contact order?
A: No. Only the judge can modify or remove it, though the victim’s request may influence the judge’s decision.
Q: Do I need a lawyer to remove a no-contact order in North Dakota?
A: While not legally required, it’s strongly recommended. The process involves motions, hearings, and arguments before a judge—an attorney can give you the best chance of success.
Q: What happens if I contact the victim while the order is still in place?
A: You could face new criminal charges, even if the victim agreed to the contact. The order is binding until the court removes it.
Q: Can no-contact orders be modified for child visitation?
A: Yes, in some cases judges will allow limited contact for parenting purposes if it’s in the child’s best interests.
Heartland Law Office Can Help
At Heartland Law Office, we regularly represent clients across North Dakota—including Bismarck, Minot, Dickinson, Williston, Fargo, and Grand Forks—who are dealing with no-contact orders in criminal cases.
Attorney Patrick Waters has nearly 20 years of experience helping clients navigate sensitive cases involving domestic violence, assault, and family disputes. We can help you file the right motions, represent you at the hearing, and fight to protect your rights.
If you or a loved one is dealing with a no-contact order in North Dakota, call us at 701-JUSTICE or visit our contact page for a consultation.
Internal Links
External Links
This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.
Comments