§ 32-29.4-11 — Protection of party or child

North Dakota § 32-29.4-11

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-29.4: Uniform Family Law Arbitration Act

Text

1. In this section, "protection order" means an injunction or other order, issued under the
domestic violence, family violence, or stalking laws of the issuing jurisdiction, to
prevent an individual from engaging in a violent or threatening act against, harassment
of, contact or communication with, or being in physical proximity to another individual
who is a party or a child under the custodial responsibility of a party.
2. If a party is subject to a protection order or an arbitrator determines there is a
reasonable basis to believe a party's safety or ability to participate effectively in
arbitration is at risk, the arbitrator shall stay the arbitration and refer the parties to
court. The arbitration may not proceed unless the party at risk affirms the arbitration
agreement in a record and the court determines:
a. The affirmation is informed and voluntary;
b. Arbitration is not inconsistent with the protection order; and

c. Reasonable procedures are in place to protect the party from risk of harm,
harassment, or intimidation.
3. An arbitrator may make a temporary award to protect a party or child from harm,
harassment, or intimidation.
4. On motion of a party, the court may stay arbitration and review a determination or
temporary award under this section.
5. This section supplements remedies available under law of this state other than this
chapter for the protection of victims of domestic violence, family violence, stalking,
harassment, or similar abuse.