Orders for Protection in Minnesota: A Comprehensive Guide

An Order for Protection (OFP) is a powerful legal tool available to Minnesotans facing domestic violence or threats to their safety. This legal Court order establishes boundaries to protect victims and provides peace of mind during difficult situations. Here's what you need to know about Orders for Protection in Minnesota, from eligibility to application and enforcement.

What is an Order for Protection?

An Order for Protection is a civil court order designed to protect victims of domestic abuse. It takes place in Family court. Unlike criminal proceedings, an OFP doesn't require the abuser to be charged with a crime. Instead, it focuses on creating legal boundaries to prevent further harm and provide safety to those who have experienced or fear domestic abuse.

In Minnesota, OFPs are governed by the Domestic Abuse Act (Minnesota Statutes Chapter 518B). The law defines an OFP as a court order that can require an abuser to:

• Stop threatening, harming, or contacting the victim
• Move out of a shared home
• Stay away from specific locations like the victim's home, workplace, or school
• Surrender firearms
• Attend counseling or treatment programs

1. A spouse or former spouse
2. A person with whom you have a child in common
3. A person with whom you are living or have lived with in the past
4. A parent, child, or other family member by blood, marriage, or adoption
5. A person with whom you are or have been in a significant romantic or sexual relationship

• Physical harm
• Threatening you with immediate physical harm/violence
• Criminal sexual conduct (within the meaning of sections 609.342 to 609.3451)
• Terroristic threats
• Interference with an emergency call
  

• Provide personal information about yourself and the abuser
• Detail the incidents of abuse (be specific about dates, times, and what occurred)
• Specify what kind of protection you're seeking



Many counties offer advocate services to help you complete these forms. Organizations like local domestic violence shelters often provide these services free of charge.

Once completed, file the petition with the district court in:



• The county where you live, or
• The county where the abuser lives, or
• The county where the abuse occurred

There is no filing fee for OFP petitions in Minnesota.

After reviewing your petition, a judge may issue a temporary "Ex Parte" order, which provides immediate protection while waiting for a full hearing. This temporary order can:

• Remove the abuser from a shared home
• Order no contact
• Address temporary child custody and parenting time (visitation)



The Ex Parte order is valid until the full hearing, which typically occurs within 14 days if requested by the individual subject to the OFP, or if the Court schedules a hearing on its own.

The court will arrange for the abuser to be served with copies of:

• Your petition
• The Ex Parte order (if granted)
• Notice of the hearing date

Service is typically handled by law enforcement. The abuser must be legally served before the OFP can be enforced. It is important to remember that even if the abuser has not been served with the OFP documents, and you have a hearing scheduled, that you still attend that hearing. If you don’t, the Judge could decide to dismiss your OFP. Simply inform the Judge that the abuser has not been served with the OFP paperwork and request that your hearing be continued to allow service on the abuser to occur. 

1. Specialized Forms: When filing for a child, you'll need to complete additional information that focuses on the child's experiences and relationship to the abuser. The petition will clearly indicate you're filing on behalf of a minor.

2. Documentation Needs: Be prepared to provide:

• Specific details about the abuse your child experienced or witnessed
• Information about custody arrangements if applicable
• School information, as the OFP can include provisions to protect the child at school
• Any relevant medical or therapy records documenting the effects of abuse

3. Child's Testimony: Depending on the age of the child and the circumstances:

• Older children may be asked to provide statements
• The Judge may speak with the child privately (in chambers)
• In some cases, the court might appoint a guardian ad litem to represent the child's best interests

4. Custody Considerations: The OFP petition can request temporary custody provisions even if there's an existing custody order. The court will consider:

• Whether modification of existing custody arrangements is necessary for the child's safety
• How to structure parenting time (if any) with the abusive parent
• Whether supervised visitation is appropriate
  

Special Protections for Children

When granted, an OFP for a child can include specific provisions:

• Restrictions on the abuser's contact with the child
• Safety measures at the child's school or daycare (schools must be provided with a copy of the order)
• Required counseling or therapy for the abuser before resuming contact
• Supervised visitation arrangements
• Specific safe exchange locations if parenting time continues

Helping Your Child Through the Process

The legal process can be intimidating for children. Consider these supports:

• Connect with a child advocate who specializes in working with children experiencing abuse
• Prepare your child age-appropriately for court appearances if required
• Consider therapy or counseling to help your child process their experiences
• Work with school counselors to provide additional support

Can I apply for an OFP if I am a minor?

Most minors (under the age of 18) cannot apply for an OFP on their own. Minor’s will need an adult who is at least 25 years old to file for an OFP on your behalf. But, if you are 16 or 17 years of age, you can file a Petition for an OFP on your own behalf if it is against your spouse, former spouse, or a person you have a child with. 

Safety Protections

• Prohibit the abuser from committing acts of domestic abuse
• Exclude the abuser from a shared residence
• Prohibit contact with the victim in person, by phone, email, text, through third parties, social media, or other means
• Order the abuser to stay away from specific locations (home, work, school)
• Require the abuser to surrender firearms and ammunition

Family Provisions

• Award temporary custody of children
• Establish temporary parenting time arrangements
• Provide for child support
• Address use of shared property and payment of bills

Additional Relief

• Order counseling or treatment for the abuser
• Provide for restitution for lost wages or medical expenses
• Order law enforcement to accompany the victim to retrieve belongings

OFPs in Minnesota are typically valid for up to two years but can be extended if there is continuing need for protection. They can also be of a shorter duration in time if the Judge hearing your OFP believes that that is appropriate.