What if allegations of domestic violence are false in North Dakota?
Full Question:
I live in North Dakota. My wife has filed a petition in court for a domestic violence protection order to restrain me from coming to our house. She alleged in her complaint that I have abused her. I have not abused her and I have evidences to disprove her allegations against me. What will be the legal consequences if the court finds that her allegations of domestic violence are false?
02/08/2017 |
Category: Domestic Violence |
State: North Dakota |
#31751
Answer:
N.D. Cent. Code, § 14-07.1-02 which reads as:
“1. An action for a protection order commenced by a verified application alleging the existence of domestic violence may be brought in district court by any family or household member or by any other person if the court determines that the relationship between that person and the alleged abusing person is sufficient to warrant the issuance of a domestic violence protection order. An action may be brought under this section, regardless of whether a petition for legal separation, annulment, or divorce has been filed.
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4. Upon a showing of actual or imminent domestic violence, the court may enter a protection order after due notice and full hearing. The relief provided by the court may include any or all of the following:
a. Restraining any party from threatening, molesting, injuring, harassing, or having contact with any other person.
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4. Upon a showing of actual or imminent domestic violence, the court may enter a protection order after due notice and full hearing. The relief provided by the court may include any or all of the following:
a. Restraining any party from threatening, molesting, injuring, harassing, or having contact with any other person.
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The effect of false allegation of domestic violence is envisaged in N.D. Cent. Code, § 14-07.1-02.1 which reads as:
“If the court finds that a party's allegation of domestic violence in a domestic violence protection order proceeding, divorce proceeding, child custody proceeding, child visitation proceeding, separation proceeding, or termination of parental rights proceeding is false and not made in good faith, the court shall order the party making the false allegation to pay court costs and reasonable attorney's fees incurred by the other party in responding to the allegation.”
In the instant case, if the court finds that your wife’s allegation of domestic violence in the domestic violence protection order proceeding is false and not made in good faith, the court shall order your wife to pay court costs and reasonable attorney's fees incurred by you in responding to the allegation.
