Minneapolis Orders for Protection Lawyers
Numerous OFP Trials in Hennepin County. Both Sides of the Order.
Orders for Protection move fast. An ex parte order can be granted the same day a petition is filed, before the respondent knows a hearing occurred. At RWI Law, we’ve conducted numerous OFP trials in Hennepin County with favorable outcomes for clients on both sides of the order. Whether you need protection quickly or you’re contesting an order that could affect your home, your children, and your finances, we know this process from the inside out.
We represent clients throughout Minneapolis, Hennepin County, and the broader Twin Cities metro. Our family law practice covers OFP matters from initial filing through trial and, when necessary, into the divorce proceedings an order often triggers.
Call (320) 408-2614 or submit our online contact form to consult a Minneapolis Order for Protection attorney about your case.
What a Minnesota Order for Protection Covers
An Order for Protection is a civil court order governed by the Minnesota Domestic Abuse Act, Minn. Stat. 518B.01. It doesn’t require a criminal charge. A petitioner can present an affidavit and receive an ex parte order the same day if the court finds sufficient grounds. That order is then served on the respondent, who has the right to request a hearing.
OFPs generally remain in effect for up to two years and can be extended. There’s no filing fee under the Domestic Abuse Act and no residency requirement to file in Minnesota.
Provisions that may be included in an Order for Protection:
- No contact: The respondent is prohibited from contacting the petitioner in any form, including phone calls, texts, emails, social media, and physical proximity.
- Exclusion from residence: The respondent may be ordered to vacate a shared residence and barred from returning, even if the home is jointly owned or leased.
- Stay-away provisions: The order may require the respondent to maintain a set distance from the petitioner’s home, workplace, school, or other locations.
- Temporary custody and parenting time: The court can grant the petitioner temporary custody of minor children and set terms for supervised or restricted visitation.
- Surrender of firearms: The court can require the respondent to surrender firearms to law enforcement.
- Financial support: The respondent can be required to provide child support or spousal maintenance during the OFP period.
- Use of vehicles: The order can establish vehicle access terms to help ensure the petitioner has transportation without interference.
- Other relief: The court may include any additional provisions it deems necessary, such as prohibiting destruction of property or interference with utility services.
Who Qualifies for an OFP in Minnesota
Two criteria must be met to qualify for an Order for Protection under Minn. Stat. 518B.01: domestic abuse must have occurred, and the parties must share a qualifying relationship. Qualifying relationships include spouses, former spouses, co-parents, household members, and those in a significant romantic or sexual relationship.
Qualifying conduct includes physical harm or bodily injury, assault, terroristic threats, criminal sexual conduct, sexual extortion, and interference with an emergency call. Situations involving stalking, child abuse, or elder abuse within a domestic relationship may also qualify.
An OFP is distinct from a Harassment Restraining Order. A harassment restraining order applies to people outside the domestic relationship definition: neighbors, coworkers, or acquaintances. If the person causing harm doesn’t meet the domestic relationship standard, an HRO may be the appropriate remedy.
How an OFP Affects Custody, Divorce, & Criminal Exposure
An OFP isn’t just a restraining order. It can determine who stays in the family home, set temporary custody and parenting time arrangements, and create financial support obligations before any divorce case is filed. Under Minn. Stat. 518B.01, a finding of domestic abuse must be considered by the court in any subsequent custody case. What happens at the evidentiary hearing carries consequences well beyond the order itself.
The Evidentiary Hearing Process
If a respondent contests the OFP, Hennepin County Family Court schedules an evidentiary hearing no later than 14 days after the hearing order. Both parties can appear, present evidence, and call witnesses. The burden of proving abuse rests on the petitioner, who must establish that physical harm occurred or that the respondent made threats causing a reasonable fear of imminent harm.
OFP Violation Consequences
Violating an OFP carries real criminal consequences. A first violation can be charged as a misdemeanor. Subsequent violations or those involving prior qualifying convictions can be charged as a gross misdemeanor, and violations involving two or more prior convictions or a dangerous weapon may result in felony charges. An order can also be extended beyond its initial two-year term if a violation occurred, if a reasonable fear of physical harm persists, if the respondent has engaged in harassment as defined under Minnesota law, or if the respondent is being released from incarceration.
How We Handle OFP Matters from Filing Through Resolution
Beyond the initial proceeding, we can modify or renew an OFP as circumstances change, monitor compliance, and advocate for further legal action if an order is breached. Because an OFP often intersects with divorce or custody proceedings, our family law practice handles those downstream matters without requiring clients to find separate counsel.
Representing Petitioners
For petitioners, we help ensure the initial filing accurately captures the pattern of conduct the court needs to evaluate. OFP petitions in Minneapolis are filed at the Hennepin County Government Center; the Domestic Abuse Service Center there provides filing and safety planning support. We guide clients through that process and represent them at every subsequent stage.
Representing Respondents
For respondents, the window between service and the evidentiary hearing is short. We work quickly to prepare a defense because the outcome can affect where you live, when you see your children, and whether you face criminal exposure if the order is granted and later violated.
Contact us at (320) 408-2614 today to discuss your needs and concerns with a Minneapolis Order for Protection attorney.
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