Order for Protection

The following information, and other resources regarding domestic violence, can be found at the Minnesota Judicial Branch Self Help Center and at Law Help MN. Southern Valley Alliance advocates for and empowers victim-survivors in Scott and Carver counties in Minnesota through what can be an overwhelming and confusing process, especially in light of the stress and trauma surrounding domestic violence. Please contact SVA at 952-873-4214, or a domestic violence advocacy agency in your area, if you have questions about filling out or filing an Order for Protection.

Domestic Violence under Minnesota Law

Minnesota has a law called the Domestic Abuse Act, defines domestic abuse as one of the following acts committed by a family or household member against another family or household member:

  • infliction of physical harm, bodily injury, or assault;

  • infliction of fear of imminent physical harm;

  • terroristic threats;

  • acts of criminal sexual conduct;

  • interference with an emergency call.

A family or household member is one of the following:

  • spouse or former spouse;

  • persons involved in a significant romantic or sexual relationship;

  • parents and children;

  • persons related by blood;

  • persons living together or who have lived together in the past;

  • persons who have or had a child in common (born or in utero), regardless of whether they were living together or ever married.

What is an Order for Protection?

An Order for Protection (OFP) is a court order. It orders the abuser not to hurt you.  It can also:

  • make the abuser leave your home

  • order the abuser not to have contact with you

  • order temporary custody, parenting time, or visitation

  • order child support or spousal maintenance

  • order use of property

An OFP is not a criminal case.  It is a family court case.  If the police have been called, they may start a separate criminal matter because it is against the law to hurt or threaten people.

Some people talk about “no contact orders” but those are different.  They generally mean a judge in a criminal case told the defendant to have “no contact” with the victim.

How do I get an Order for Protection

If you want to ask the court for an Order for Protection (OFP) from domestic abuse, the MN Judicial Branch suggests that you try to get help from an domestic abuse advocate, such as those from SVA, who knows the process and can support you through all of the steps. However, you are not required to use an advocate. If you choose to ask for an OFP on your own, the MN Judicial Branch does publish OFP Forms Packets. If you are the person asking for an OFP, you are called the “Petitioner” in the case, and the other party is called the “Respondent.” There are instructions with the OFP Forms Packets that explain how to fill out the forms. An OFP can be requested “on behalf of” minor children as well.

Who can’t get an Order for Protection?

You cannot ask for an OFP if you are not related to your abuser and you have:

  • never been dating partners

  • never stayed in the same home together

  • never been married to each other

  • not had a child or pregnancy together

If you have a problem with someone like a neighbor, friend, distant relative, or co-worker, you can apply for a Harassment Restraining Order instead of an OFP.

How long does an OFP last?

An OFP usually lasts for 2 years. If the OFP is violated or more abuse happens, you can get it extended.  Also, if there have been 2 or more OFPs or Restraining Orders against the abuser or if the abuser has violated the order more than twice, the court can make an order last for up to 50 years.  But, if the abuser does not do anything to violate the order for 5 years, there’s a chance the abuser could ask the court to shorten or end the order.

If you applied for a 50-year OFP for minors, they need to apply again on their own when they turn 18.