Domestic violence charges in North Dakota are usually misdemeanors.
You can be charged with domestic violence if the state believes you have “willfully” caused “bodily injury” to “a family or household member.”
You can be convicted of domestic violence only if the person injured was a family or household member, meaning your:
Current or former spouse,
Parent,
Child,
Romantic partner,
Current or former housemate,
Co-parent of a shared child,
Other blood relative,
Relative by marriage, or
Anyone else the court finds has a qualifying relationship.
There are three levels of domestic violence, separated by the severity of harm:
Bodily injury—“any impairment of physical condition, including physical pain,”
Substantial bodily injury—“temporary disfigurement, loss, or impairment of the function of any bodily member or organ,” and
Serious bodily injury—injury creating “a substantial risk of death or which causes serious permanent disfigurement, unconsciousness, extreme pain, permanent loss or impairment of the function of any bodily member or organ, a bone fracture, or impediment of air flow or blood flow to the brain or lungs.”
The greater the injury, the higher the penalty upon conviction.
Meet Our Fargo, ND Domestic Abuse Lawyer | John Arechigo
John Arechigo is a Fargo, North Dakota criminal defense attorney dedicated to protecting the rights of individuals facing criminal charges. His commitment to criminal defense began in law school, where he chaired the student-led Innocence Project clinic.
John focuses exclusively on criminal defense and personally handles every aspect of his clients’ cases, from the initial consultation through trial and appeals. With strong connections in Minnesota’s criminal defense community, he provides clients with access to valuable resources and experts to help build a strong defense.
John believes accessibility and communication are essential to effective representation. He strives to remain approachable, keep clients informed throughout their cases, and make himself available when they need guidance.
His experience includes securing case dismissals, acquittals, and successful appeals. His work has also been recognized by Minnesota Lawyer, which named him Attorney of the Year in 2015 and 2019.
Individuals facing criminal charges in Fargo, North Dakota can contact John Arechigo for a free case evaluation and a defense strategy tailored to their circumstances.
Penalties for Domestic Violence
A first offense for causing bodily injury is a class B misdemeanor. If convicted, you may face up to 30 days in prison and a fine of up to $1,500.
Conviction of a subsequent domestic violence offense is a class A misdemeanor. Convictions for simple assault, assault, and aggravated assault also count for purposes of charging a domestic violence offense as a subsequent offense.
Causing substantial bodily injury is also a class A misdemeanor. If convicted of a class A misdemeanor, you may face up to 360 days in prison and a fine of up to $3,000.
Causing serious bodily injury is a class C felony. If convicted, you may face up to five years in prison and a fine of up to $10,000.
If you cause substantial or serious bodily injury to a person under 12 years of age, that is a class B felony. If convicted, you may face up to ten years in prison and a fine of up to $20,000.
See what our clients have to say about our services:
No Contact Orders
When you are arrested for domestic violence, the judge may issue a “no contact” order before releasing you from custody. This order prohibits you from contacting or being near the alleged victim on penalty of law.
Even if the alleged victim attempts to contact you, you must not respond if you are under a no-contact order. Violating a no-contact order is a class A misdemeanor.
Seek Assistance from a Domestic Violence Attorney in North Dakota
If you have been charged with a domestic violence crime, do not hesitate to reach out to a domestic violence lawyer in North Dakota. At Arechigo & Stokka, we have years of experience defending against domestic abuse charges.
We can help defend your name and fight to get your life back. Contact our Fargo domestic abuse lawyers to get started.
Other Cases We Handle in Fargo, ND
In addition, we have successfully represented clients facing a wide range of criminal charges, including:
Local Resources for People Facing Domestic Abuse Charges in Fargo, ND
A domestic abuse arrest in Fargo often involves time in custody, a no-contact order, and court-ordered programs. The following official and local resources can help people facing these charges and their families.
1. Cass County Jail and Bail
Cass County Jail (Cass County Sheriff’s Office)
450 34th Street South, Fargo, ND
Main phone: (701) 271-2900
Custody information line (24 hours): (701) 241-5799
People arrested in Fargo are held at the Cass County Jail. Cash bail can be posted 24 hours a day at a kiosk in the jail lobby, or online by credit card with the inmate’s booking number. Card payments carry an 8% processing fee.
Tip: Follow any no-contact order exactly as written, including no calls, texts, social media messages, or messages passed through friends or family. Keep a copy of the order with you.
3. Police Reports
Fargo Police Department
105 25th Street North, Fargo, ND
Phone: (701) 235-4493
Lobby hours: Monday through Friday, 8:00 a.m. to 4:30 p.m.
Incident reports can be requested by submitting the “Request for Police Report” form through the City’s online contact form. Copies cost $0.25 per page.
Group education for people who have used abusive behavior in a relationship. It accepts people referred by a court, probation, or parole, and self-referrals. Fees may apply, and payment plans are available. It is the only domestic violence intervention program the North Dakota Domestic & Sexual Violence Coalition lists for the Fargo-Moorhead area.
Southeast Human Service Center (Southeast Behavioral Health Clinic)
2624 9th Avenue South, Fargo, ND 58103
Phone: (701) 298-4500 | Toll-free: (888) 342-4900
Provides mental health and addiction counseling services. Walk-ins are accepted Monday through Friday, 8:00 a.m. to 5:00 p.m. A sliding fee scale is available.
If anyone in the home is in danger, call 911. Sollera’s free, confidential crisis line is available 24/7 at (701) 293-7273 or 1-800-344-7273. For a mental health crisis, call or text 988.
