Gooss v. A.K.

Citations

• 2025 ND 19

Syllabus

A disorderly conduct restraining order is affirmed. Before a court grants a petition for a disorderly conduct restraining order, the court must conduct a full hearing. N.D.C.C. § 12.1-31.2-01(4). The full hearing contemplated by N.D.C.C. § 12.1-31.2-01 is a special summary proceeding, intended to quickly and effectively combat volatile situations before any tragic escalation. The concern for expeditious proceedings should not override the need to fairly resolve factual disputes. When the court employs a procedure which fails to afford a party a meaningful and reasonable opportunity to present evidence on the relevant issues, the court has abused its discretion and violated the party's due process rights.