Orders for Protection (OFP) in Minnesota

Overview

An Order for Protection (OFP) is a court order that protects you from someone who has abused you or threatened you with violence. It is sometimes called a “restraining order,” though in Minnesota, OFPs and harassment restraining orders (HROs) are different things.

OFPs are governed by Minn. Stat. § 518B.01 . They are available to victims of domestic abuse – meaning the abuser is a family or household member, a current or former spouse, or someone you have a child with.

Am I Eligible?

You can ask for an OFP if both of these are true:

1. The abuser is someone you have a qualifying relationship with:

   • Spouse or former spouse
   • Parent and child
   • People who live together or have lived together
   • People who have a child together
   • People involved in a significant romantic relationship

2. The person has committed domestic abuse, which includes:

   • Physical harm or attempted physical harm
   • Threats that make you fear physical harm
   • Criminal sexual conduct
   • Interference with an emergency call (911)

If the abuser is not someone you have a qualifying relationship with (for example, a neighbor or coworker), you may need a Harassment Restraining Order instead ( Minn. Stat. § 609.748 ).

Step-by-Step: How to Get an OFP

Step 1: Fill out the petition forms

Go to your county courthouse or visit mncourts.gov to get the OFP petition forms. You will need:

• OFP Petition (form OFP101)
• Affidavit describing the abuse in detail

In your affidavit, be as specific as possible:

• What happened – describe each incident
• When it happened – include dates if you can
• Where it happened
• Injuries – physical or emotional
• Witnesses – anyone who saw or heard the abuse

You do not need a lawyer to file, and there is no fee to file for an OFP.

Step 2: File with the court and get a temporary (ex parte) order

File your petition at the courthouse. A judge will review it, usually the same day.

If the judge finds that you are in immediate danger, they will issue a Temporary Ex Parte Order – this takes effect right away, even before the abuser knows about it. This temporary order can:

• Order the abuser to stay away from you, your home, and your workplace
• Grant you temporary custody of your children
• Order the abuser to leave your shared home
• Prohibit the abuser from possessing firearms

The temporary order lasts until your court hearing, which is set within 14 days.

Step 3: The abuser is served with the papers

The court papers must be personally served on the abuser (called the “respondent”). This is usually done by:

• A sheriff’s deputy
• A professional process server
• Another adult who is not a party to the case

You should not serve the papers yourself. Let law enforcement or a process server handle it for your safety.

If the abuser cannot be found, the court may allow service by mail or publication, but this can delay the process.

Step 4: Attend the court hearing

A hearing is scheduled within 7 to 14 days of filing. At the hearing:

• You will tell the judge about the abuse
• The abuser can respond and present their side
• Either party can bring witnesses or evidence (photos, texts, medical records)
• The judge decides whether to issue a full OFP

Tip

Bring any evidence you have: photos of injuries, screenshots of threatening messages, police reports, medical records, or witness statements. The more evidence you provide, the stronger your case.

You have the right to request that your address be kept confidential. Tell the court if you are concerned about your safety.

Step 5: Receive the full Order for Protection

If the judge grants the OFP, it can include:

• No-contact provisions – the abuser must stay away from you
• Exclusive possession of your home
• Temporary custody and parenting time arrangements
• Firearm surrender – the abuser must turn in all firearms within 3 business days
• Other relief the court finds necessary

A full OFP lasts up to 2 years ( Minn. Stat. section 518B.01, subd. 6 ). You can ask the court to extend it before it expires.

Step 6: Enforce the order

Once you have an OFP:

• Keep a copy with you at all times
• Give copies to your employer, your children’s school, and your local police department
• If the abuser violates the order, call 911 immediately

Violating an OFP is a crime in Minnesota. The abuser can be arrested and charged with a misdemeanor or gross misdemeanor. Repeated violations can be charged as a felony.

Key Deadlines

Event	Timeframe
Judge reviews temporary order request	Same day or next business day
Court hearing after filing	Within 7 – 14 days
Abuser must surrender firearms	Within 3 business days of the order
Full OFP duration	Up to 2 years
Request to extend the OFP	File before the current order expires

Costs & Fees

Filing an OFP is free. Under Minn. Stat. section 518B.01, subd. 3a , there are no filing fees for OFP petitions.

The court may order the abuser to pay your attorney fees if you hire a lawyer.

When to Get a Lawyer

You do not need a lawyer to get an OFP, and the process is designed for people to use on their own. However, you may want legal help if:

• Your case involves children and you need temporary custody
• The abuser is contesting the OFP and has a lawyer
• You need help with safety planning
• You also need to file for divorce or custody

Many domestic violence organizations provide free legal advocacy.

Related Guides

Getting Divorced in Minnesota

A plain-language guide to the divorce process in Minnesota. Learn the steps, costs, timelines, and where to get help with your divorce.

Child Custody in Minnesota

A plain-language guide to child custody in Minnesota. Learn about legal and physical custody, how courts decide, and how to file for custody.

Child Support in Minnesota

A plain-language guide to child support in Minnesota. Learn how support is calculated, how to file, and how to modify or enforce a child support order.

Workplace Harassment in Minnesota

A plain-language guide to understanding workplace harassment laws in Minnesota, including sexual harassment, hostile work environment, and how to file a complaint.

Where to Get Help

• Day One Crisis Hotline (statewide): Call 1-866-223-1111 (24 hours, free, confidential)
• National Domestic Violence Hotline: Call 1-800-799-7233 or text START to 88788
• Home Free: Domestic violence services – homefreeservices.org

Frequently Asked Questions

Do I need a lawyer to get an OFP? No. The process is designed so that people can do it on their own. Court staff can help you with the forms. However, a lawyer can help if your case involves children, property, or complex facts.

What is the difference between an OFP and a Harassment Restraining Order (HRO)? An OFP is for domestic abuse – meaning the abuser is a family member, spouse, or someone you have a child with. An HRO ( Minn. Stat. § 609.748 ) is for harassment by anyone, including strangers, neighbors, or coworkers. OFPs offer broader protections (custody, property, firearm surrender).

Can I get an OFP if I am not a U.S. citizen? Yes. Immigration status does not matter. You have the right to protection regardless of your citizenship or immigration status.

What if the abuser violates the OFP? Call 911 immediately. A first-time violation is a misdemeanor (up to 90 days in jail). Repeated violations or violations involving assault can be charged as gross misdemeanors or felonies.

Can I drop or cancel the OFP? You can ask the court to dismiss the OFP, but only the judge can cancel it. The abuser cannot pressure you to drop it – doing so is itself a violation.

Will the OFP affect custody of my children? The OFP can include temporary custody and parenting time provisions. It does not permanently decide custody – that is handled in a separate family court case. But the OFP is relevant evidence in a custody proceeding.