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Within Minnesota Statutes §518B.0, the Domestic Abuse Act enables victims of domestic abuse to pursue restraining orders, referred to as orders for protection (OFP), against alleged abusers as a means of protection. These protective orders are entered between family and household members when domestic abuse is present and are meant to prevent the accused from subjecting the victim to physical harm, bodily injury, assault, and the infliction of fear. Many OFPs include limiting contact between the abuser and victim.
In Minnesota, domestic abuse is defined as “physical harm, bodily injury, or assault” or “the infliction of fear of imminent physical harm, bodily injury, or assault.”
State law defines family or household members as “spouses, former spouses, parents and children, persons related by blood, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time.”
Equipped with thorough knowledge of Minnesota’s orders for protection laws and procedures and a proven track record of successful protection orders, Sterle Law can provide the finest legal advice on how to maneuver the legal process. As the situation that would lead to the need for an order for protection is no doubt difficult, our compassionate legal team will work thoughtfully with you to prevent you from further danger.
We have provided a brief guide on the types of orders, the legal process, and more below for reference as a foundation on how to navigate the process.
A judge may advise an ex parte order for protection if they determine there is an immediate and present danger of domestic abuse. It is not required for the alleged abuser to provide their side of the story to grant an ex parte order. If you have been presented with an ex parte order, regardless if you have been allowed to share your perspective or story, you must obey the order or be subject to the associated punishments.
When both the alleged abuser and alleged victim are present in a court hearing to discuss the situation, the judge may issue a full order for protection.
Only the recipient of an order for protection is bound by the provisions of the protection orders. If the order limits contact between parties, the respondent only has to follow its directives. They must, for example, leave an area or hang up a phone if the petitioner makes contact. You will receive a criminal charge if you violate an OFP, and it may result in a criminal misdemeanor punishable by 90 days in jail. A second violation within 10 years will lead to a gross misdemeanor up to one year in jail and a minimum sentence of 10 days. A further violation will be classified as a felony, punishable by up to five years in prison and/or a $10,000 fine.
Appropriate law enforcement agencies are notified when OFPs are submitted. There is potential for abusing the use of orders for protection where one person claims abuse to gain an advantage in family court to gain sole occupancy of a residence or children. Contact an orders for protection hearings attorney in Minnesota for more information.
Depending on the jurisdiction, an order for protection is processed differently. Typically, a victim completes an affidavit/petition for the order for protection through the court administrator or with the assistance of our team at Sterle Law, and we can help you file it electronically. There is no fee for filing a protection order.
The court can place an emergency order for protection, also referred to as an ex parte order, for up to two weeks until an official court hearing can take place. During this hearing, the alleged abuser has the right to appear and provide a defense. Throughout several Minnesota counties, this “admit-deny” hearing simply requires the defendant to admit or deny the allegations. Should they deny the accusation, the matter will proceed to an evidentiary hearing, which, depending on the county, may occur immediately after the initial hearing or at a later date.
The team at Sterle Law will educate you on the policies of the individual courthouse and county where the hearings will take place to prepare for any requests for evidence or witnesses.
There are severe repercussions for receiving an order for protection. You may lose custody of your children, it can affect your ability to find employment or own a weapon, or it may impact your immigration status. You could also lose possessions you share with the other party or be ordered to receive counseling.
You should retain experienced attorneys so you can make informed decisions for your case and, ultimately, your future.