• 2010 - Violation of a Disorderly Conduct Restraining Order
  • K-8.65
    • Disorderly Conduct
    • Other Personal Crimes
    • Other Personal Crimes

  • If a person knows of a Disorderly Conduct Restraining Order and violates the Order, it is a crime.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State satisfies its burden of proof only if the evidence shows beyond a reasonable doubt the following essential elements of the offense charged:

     

    1) A Disorderly Conduct Restraining Order was issued; and

     

    2) The Defendant knew the Order was issued; and

     

    3) The Defendant violated the Order.


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    • State v. Holte, 2001 ND 133, 631 NW2d 595
    • State v. Michlitsch, 438 NW2d 175 (ND 1989)
  • Notes: Affirmative defense may apply: State v. Holte, 2001 ND 133, 631 NW2d 595; State v. Michlitsch, 438 NW2d 175 (ND 1989).