Minnesota Orders for Protection Attorney
An Order for Protection in Minnesota can be obtained quickly, sometimes within hours, when there is domestic abuse. Whether you need protection or are responding to a petition filed against you, these proceedings move fast and have serious consequences.
What's At Stake
Immediate removal from the home, restrictions on contact with family members, loss of firearms rights, impact on custody proceedings, and a record that appears in background checks. Violating an OFP is a criminal offense.
How We Respond
We prepare thoroughly for hearings because the outcome shapes everything that follows, including any related custody or divorce proceedings.
What To Do Right Now
If you are in danger, call 911 or contact a domestic violence resource. If you have been served with an OFP petition, do not violate the temporary order. Contact an attorney immediately. If the petitioner did not request a hearing, no hearing is held unless you request one within 5 days of service of the order; that hearing is held within 10 days of the court's receipt of your request.
Common questions about orders for protection (ofps).
An Order for Protection (OFP) is a civil court order that prohibits a person from having contact with another person who has experienced domestic abuse. OFPs are available to family or household members, including spouses, former spouses, people who share a child, and people in a significant romantic or sexual relationship.
An ex parte temporary OFP, issued without notice to the respondent, can be obtained the same day or within 24 hours of filing. If the petitioner did not request a hearing, no hearing is held unless the respondent requests one within 5 days of service. If no hearing is requested, the ex parte order stays in effect for the period the court set, generally up to 2 years. A hearing the respondent requests is held within 10 days of the court's receipt of the request. If the petitioner seeks relief beyond the ex parte order, a hearing is held within 7 days. An ex parte order cannot grant custody.
Violating an OFP is a criminal offense in Minnesota. A first violation is typically a misdemeanor. Subsequent violations or violations involving assault can be charged as gross misdemeanors or felonies. Criminal charges for OFP violations are prosecuted separately from the civil OFP proceeding.
An OFP can significantly affect custody proceedings. A court that issues an OFP may also make temporary custody and parenting time determinations. The existence of an OFP is a factor in best-interests determinations in custody cases.
Sources
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Contacting the firm does not create an attorney-client relationship.