North Dakota Domestic Violence Laws: Charges and Penalties

North Dakota domestic violence law takes domestic violence seriously. The penalties will vary based on the specifics of your circumstances, but as a general matter, the charges are always going to be criminal charges and are always going to subject you to some serious consequences. Further, the definition of domestic violence in North Dakota is complicated, but it generally encompasses any act intended to involve or involving physical harm or bodily injury to another person in the same dwelling unit.

North Dakota Domestic Violence Penalties

The specifics of the penalties may vary on a case by case basis, but in general the following is true:

• If you are charged with domestic violence in North Dakota, you can expect to pay fines. As of February 2011, these fines, depending on the case, can total up to $1000 or $2500 for a first offense, and a second offense could cause the potential fines to increase to $2500 or up to $5000.  
• The prison time for a domestic violence charge also varies by situation. Generally, a first or second offense will result in no more than 1 year of jail time and will be charged as a misdemeanor. 
• Multiple offenses or cases in which serious harm occurred are typically considered felonies under the North Dakota state law, and these cases can result in more than a year of jail time (sometimes much more).
• In general, probation may also be available in certain instances, under the condition that the individual who has been convicted fulfills all of his or her other court-ordered obligations. When probation is offered as a penalty, typically the person who has committed the abuse must undergo a treatment program for individuals who are abusive. He or she must complete this program to the satisfaction of the court before probation will be granted.  
• Other miscellaneous punishments include state social service treatment as an abusive individual or possibly a requirement to obtain substance abuse treatment if liquor, alcohol or other drugs are a mitigating factor.

The penalties may also vary based on the specific behavior that constituted the domestic violence, and there may be related or additional charges as well. Things like assault, battery and aggravated assault may lead to felony charges in North Dakota, while harassment, trespassing and other minor crimes that do not involve threats or bodily harm will not become felonies unless they are second or third offenses.

Getting Legal Help

If you have been charged with domestic violence in North Dakota, it is in your best interest to consult with a lawyer. Your attorney can explain exactly what potential penalties you face and can help you to decide how to handle the charges that have been brought against you.