Resource for a Recourse: Online Resource Center for Survivors of Abuse

MINNESOTA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

In Minnesota, domestic abuse is defined as:

Physical harm, bodily injury, assault (such as hitting, kicking, slapping, pushing, stabbing, choking, burning) between family or household members,
Making a family or household member afraid of imminent physical harm, bodily injury or assault. This includes threats of physical harm or assault.
Terrorist threats, such as threats to commit a crime of violence, bomb threats or brandishing a firearm.
Criminal sexual conduct committed against a family or household member by another family or household member (such as forced intercourse or forced sexual contact; OR intercourse or any other form of sexual contact with a minor).
Interference with an emergency call. This includes preventing someone from calling 911 or other emergency phone numbers or interrupting/ending an emergency call.

You can file for an Order for Protection if you or your minor child has been the victim of domestic violence, as defined by MN law, by:

Your spouse or former spouse
Any blood relative
Someone you live with or lived with previously
The parent of your child (including unborn child, if you are currently pregnant)
Someone you have been involved with in a significant romantic or sexual relationship

A minor, age 16 or 17 years, may file against:

A spouse or former spouse
The parent of their child

All other minors must have a parent, guardian, or an adult over the age of 24 file on their behalf.

A victim may file an Order for Protection for herself, on behalf of his or her minor children or for both.

If you do not qualify for an Order of Protection, you may be able to file for a Harassment/Stalking Restraining Order (also called a No Contact Order). To get a Harassment/Stalking Restraining Order, it does not matter what relationship you have with the person who is harassing or abusing you

Harassment includes:

intentionally causing the victim to feel frightened, threatened, oppressed, persecuted, or intimidated AND
causing a reaction from the victim

Stalking and Harassment can also include:

an intent to injure the person, property or rights of another person through an unlawful act
stalking, following, monitoring, or pursuing another (includes through technology)
returns to the victims property without permission
repeated phone calls with or without conversation
repeated mailing or delivering letters, packages, messages, or other objects
false allegations to a peace officer or interfering with a peace officer's duties

Also, you may file for an HRO on behalf of a minor if you are the parent or guardian of the minor.

Types of protective orders:

Temporary ex parte Orders for Protection

These are issued if you are in need of immediate protection. "Ex parte" means "from one side only" in Latin and it means that you can get a Temporary ex parte Order without your abuser present at the courthouse.

Temporary ex parte Orders are only in effect until the full court hearing for a long-term Order, which generally takes place within one week of getting the temporary order.

Long-term Orders for Protection

These are only issued after a full court hearing where both parties (you and your abuser) have a chance to tell his/her side of the story. These Orders can last for up to one year, but you may petition to have it extended if you need further protection after the order expires.

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Benefits:

An OFP can offer a number of protections to you and your children. It may:

Restrain your abuser from committing acts of domestic abuse.
Order your abuser to leave the house you share together.
Prohibit your abuser from going near your residence or place of employment.
Order no contact, which can include no contact in person, by telephone, letter or through a third party.
Award you temporary custody of the children.
Establish temporary financial support for the children or yourself.
Provide counseling or other social services for you and the respondent.
Order the abuser to participate in treatment or counseling services.
Award you temporary use and possession of property that you share with the abuser, such as a car.
Order neither party to sell property, damage property, or use it for a loan.
Order the abuser to compensate your medical bills and/or lost income as a result of the abuse.
Order the sheriff to go with the woman to the house to remove the abuser or to help recover property.
Ensure continuance of all currently available insurance coverage.
Order other relief as deemed necessary for the protection of you and your children

Whether or not a judge orders any, or all of the above, depends on the facts of your case.

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Costs:

There are no filing fees for obtaining an Order for Protection.

You do not need a lawyer to file for an Order for Protection. However, you may wish to have a lawyer, especially if your abuser has a lawyer. If you can, contact a lawyer to make sure that your legal rights are protected.

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Violations:

Call the police immediately, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. A judge can punish someone for being in contempt of court. An abuser can be arrested, fined and jailed. The Order for Protection is violated if your abuser does not follow every provision in the order.

It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. It is also important to have a copy of the order with you at all times.

You may file civil charges against the abuser for violating the OFP, even if the police don't make an arrest or file criminal charges. Civil charges may be filed in the same court that issued your order.

Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified.

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