If you have been charged with domestic abuse in North Dakota, you might be unsure what to do next.

Allegations of domestic violence can uproot your life, forcing you to spend time in jail and outside your home to avoid the alleged victim. 

At Arechigo & Stokka, we have years of experience defending against domestic violence charges.

We know how disruptive domestic abuse charges can be, and we will work with you to tailor a defense to your unique circumstances.

Contact our Fargo domestic abuse lawyers to learn more about your legal options.

Domestic Violence Offenses in North Dakota

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.

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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.

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.