Know Your Rights: Orders for Protection in Minnesota

If someone in your family or household has abused you or threatened you with violence, you can ask the court for an Order for Protection (OFP). Here is what you need to know.

Your Rights

1. Filing for an OFP is completely free. There are no filing fees for an Order for Protection under Minn. Stat. § 518B.01 .

2. You do not need a lawyer. The OFP process is designed so that people can file on their own. Court staff can help you with the forms.

3. A judge can protect you the same day you file. If you are in immediate danger, the judge can issue a Temporary Ex Parte Order before the abuser even knows you filed. This order takes effect right away.

4. Violating an OFP is a crime. If the abuser breaks any part of the order, call 911. A first violation is a misdemeanor (up to 90 days in jail). Repeated violations can be charged as felonies.

5. Your immigration status does not matter. You have the right to an OFP regardless of your citizenship or immigration status.

6. The abuser must surrender firearms. The court can order the abuser to turn in all firearms within 3 business days of the order.

7. A standard OFP lasts up to 2 years. You can ask the court to extend the order before it expires if you still need protection. If the abuser has violated a protection order two or more times, or you have had two or more OFPs against the same person, the court can issue an order lasting up to 50 years.

What to Do

• If you are in immediate danger, call 911. An OFP takes time to get. If you need safety right now, call the police.
• Get the forms from the courthouse or mncourts.gov. You need the OFP Petition (form OFP101) and an Affidavit describing the abuse.
• Be specific in your affidavit. Write down what happened, when, where, any injuries, and any witnesses. The more detail you give, the stronger your case.
• Keep a copy of the order with you at all times. Give copies to your employer, your children’s school, and your local police department.
• Do not serve the papers yourself. Let a sheriff’s deputy or process server deliver the papers to the abuser for your safety.
• Bring evidence to your hearing. Photos of injuries, threatening messages, police reports, and medical records all help your case.

Important Deadlines

Deadline	What It Means
Same day	A judge reviews your request for a temporary order the same day you file
7-14 days	The full court hearing is scheduled within 7 to 14 days of filing
3 business days	The abuser must surrender all firearms within 3 business days of the order
Up to 2 years	A standard OFP lasts up to 2 years; up to 50 years for repeat violations; file to extend before it expires

Get Help

Day One Crisis Hotline (24 hours): Call 1-866-223-1111 (free, confidential, statewide)

For more detail: See our full guide on Orders for Protection in Minnesota.