What is an Order for Protection (OFP)?

An Order for Protection in Minnesota represents a powerful legal intervention designed to safeguard individuals facing domestic assault and harassment. Under Minnesota Statute § 518B.01, an OFP provides comprehensive legal protection that extends beyond traditional restraining orders.

OFPs can address immediate safety concerns while providing practical solutions for complex family situations, including temporary custody arrangements, financial support, and exclusive use of shared residences. The order's effectiveness lies in its enforceability—violations can result in severe legal consequences, making it a powerful deterrent against further abuse. As experienced Minnesota Order For Protection attorneys, we assist clients in understanding the scope and implications of these court orders.

Filing an Order for Protection (OFP)

An OFP is more than just a legal document—it’s a lifeline for individuals facing domestic assault. Under Minnesota’s Domestic Abuse Act, this order is available to those who have suffered physical harm, emotional and financial abuse, sexual assault, or other forms of violence at the hands of a family member, household member, former spouse, or significant romantic partner. If you have minor children involved, an OFP can also temporarily establish child custody or support arrangements, ensuring safety and stability for you and your loved ones.  Taking the first step toward protection can feel overwhelming, but understanding the process can make it more manageable:

1. 1. Petition Submission: Begin by filing a detailed petition in district court. This document should outline the abuse or threats you’ve endured, providing the court with a clear picture of your situation.
   2. Temporary Protection: If the court deems it necessary, an Ex Parte Order—a temporary measure offering immediate relief—may be issued to the respondent to protect you until a full hearing can be held.
   3. Evidentiary Hearing: At this stage, both parties present evidence and testimony. The court will carefully review the information to determine whether to issue a final OFP.

Strengthening your petition requires careful documentation of abuse incidents, including specific dates and detailed accounts. Supporting evidence, such as witness statements from friends or family and relevant police reports, can significantly bolster your case and help secure the protection you need.

Our experienced Orders of Protection lawyers in Minnesota are here to guide you every step of the way. We ensure your petition is thorough, compelling, and tailored to your unique circumstances so you can move forward with confidence and peace of mind.

How Long Does a Minnesota Order for Protection (OFP) Last?

The duration of an Order for Protection is determined by the severity of abuse, the history of violations, and the specific circumstances of each case. Initially, the court typically grants an OFP for up to two years. However, Minnesota courts may issue an extended order lasting up to 50 years in cases involving repeated violations or persistent safety concerns. The court weighs several factors when considering extensions or modifications, ensuring that the petitioner's safety remains paramount while acknowledging the possibility of meaningful behavioral change.

Defending Against an Order for Protection (OFP)

If you've been served with an Order For Protection in Minnesota, it's crucial to understand that your response must be timely and strategic. As domestic abuse attorneys, we recognize that OFPs can have far-reaching consequences on your personal and professional life, affecting everything from your housing situation to employment opportunities and constitutional rights.

Long-term consequences of an OFP can range from restrictions on custody or visitation affecting your relationship with your children to damage your standing in the community. Another consequence you can face when receiving an OFP is if you hold any professional licenses that require a clean record.

Our attorneys meticulously review all allegations, gather exculpatory evidence, and develop a robust defense strategy that addresses the petition's legal and factual bases. When defending against an Order For Protection in MN, you have the right to present evidence, cross-examine witnesses, and tell your side at an evidentiary hearing. We focus on protecting your due process rights while striving for outcomes that serve your best interests while minimizing disruptions to your life.

Restrictions Under an OFP

Once granted, an Order for Protection places certain restrictions on the alleged abuser (the respondent) to help protect the alleged victim (the petitioner) from further harm. The terms of an OFP vary based on the specifics of each case, but here are some common actions that an OFP may restrict:

• • The respondent is prohibited from contacting the petitioner in person, by phone, text, email, or through third parties.

• • The respondent may be ordered to stay away from the petitioner’s home, workplace, or other specified locations.

• • In cases involving children, an OFP may set temporary custody arrangements and prohibit the respondent from visiting the petitioner or children without prior arrangement.

• • The respondent may be required to surrender firearms and prohibited from purchasing additional weapons during the OFP’s effective period.

Order For Protection Violations

Violations of an OFP are taken seriously and can result in criminal charges at varying severity levels:

• • A first-time OFP violation is typically charged as a misdemeanor. This carries a mandatory minimum sentence of three days in jail and court-ordered counseling or programming. If a defendant fails to complete the required programs, any stayed jail sentence must be served.

• • The charge elevates to a gross misdemeanor if the violation occurs within 10 years of a previous qualified domestic violence-related offense. In these cases, there is a mandatory minimum sentence of 10 days imprisonment plus required counseling or programming.

• • OFP violations become felony offenses in two scenarios: The first is when the violation occurs within 10 years of two or more previous qualified domestic violence-related offenses, or there is a possession of a dangerous weapon. Felony violations can result in up to five years imprisonment and/or fines up to $10,000.

Our attorneys assist clients in navigating these situations, ensuring that violations are addressed swiftly and effectively.

How Universal Defense LLC Can Help Your OFP Case

As dedicated lawyers for Orders For Protection, our firm has decades of combined experience handling both sides of OFP proceedings throughout Minnesota. We understand that the process can be emotionally charged and legally complex, whether you're seeking protection or defending against an order.

Our approach combines comprehensive advocacy with compassionate client service, ensuring that your interests are vigorously represented while providing the support and guidance you need during this challenging time. We assist clients with every aspect of the OFP process, from initial filing or response to court appearances and enforcement issues. When you work with Universal Defense LLC, you gain access to attorneys who understand the intricacies of Minnesota's domestic assault laws and recognize the profound impact these cases have on our clients' lives.