Finding Help - Orders for Protection

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Orders for Protection

What Is An Order For Protection?
What Is Domestic Abuse?
Who Can Get An OFP?
Must I Have An OFP To Stop The Abuse?
How Do I Get An Order For Protection?
Can I Still Get An OFP If I Just Moved To Minnesota?
What Can I Ask The Court To Do?
Does An OFP Effect Custody?
What Happens At The Hearing?
What Happens After The Hearing? How Long Am I Protected?
What Happens If I Have An OFP And The Abuser Violates It?
What If I Let The Abuser Into My Home?
Must I Have A Court Hearing To Get An OFP?
Is An OFP Enforceable In Other States?
Harassment Orders

What Is An Order For Protection?
An order for protection (OFP) is a court order to stop domestic abuse. It can tell the abuser to stay away from you and your home. It can order the abuser to move out of the home you share. An OFP can also deal with issues like child support, temporary custody, and counseling and treatment for the abuser. An OFP is not a criminal case. It takes place in family court.

If you receive MFIP, you should ask for a time limit waiver and an Alternative Employment Plan, or both (see Legal Aid Society's Fact Sheet, MFIP For Victims Of Domestic Violence). Most people who get MFIP are limited to 60 months of benefits over the course of their life. Also, most MFIP parents are required to work or look for work. But there are exceptions to both these rules for victims of family violence.

What Is Domestic Abuse?
Domestic abuse is harming you physically or threatening you with immediate physical harm. Examples are hitting, throwing things at you, pushing, saying things like " I'll kill you," waving a weapon at you, killing your pets, or forcing you to have sex. Interference with an emergency call is also domestic abuse.

Who Can Get An OFP?
You can get an OFP to stop abuse by any of the following people:

your husband or wife (you don't need to start a divorce to get an OFP)
your ex-husband or ex-wife
anyone you have had a significant romantic or sexual relationship with
any blood relative
anyone you have ever lived with
your parent
your child, if over 18 years old
the father or mother of your child or your unborn child

If the abuser does not fit any of these categories, then go to the end of the fact sheet to learn about Harassment Orders.

Must I Have An OFP To Stop The Abuse?
No. Even without an OFP it is illegal for anyone to assault, rape, injure or threaten you. It's also against the law for someone to interfere with your making a 911 call. But the OFP can make it easier to protect you. It tells the abuser that further threats or abuse will lead to arrest, criminal charges and possibly jail or a fine. Orders for Protection make it easier for the police to arrest the abuser.

How Do I Get An Order For Protection?

Go to the courthouse or call the domestic abuse office at the courthouse.
Fill out the forms. A court clerk or advocate will help you file an affidavit telling the court what happened, and a petition telling the court what you want.
You don't need to pay a fee.
You don't need a lawyer.
If you need immediate protection from danger, ask for an "ex parte" order.

This is an order signed the same day you apply, before the abuser is notified. An ex parte order will give you protection until there is a hearing.

In most cases, you will have a hearing within 14 days. It will be within seven days if you have received an ex parte order.
In some cases, you can get an OFP without having a court hearing. See below for more information.

Can I Still Get An OFP If I Just Moved To Minnesota?
Yes. There are no residency requirements that apply to filling an OFP.

What Can I Ask The Court To Do?

The court can order many things, based on what you request in your petition.

Order the abuser not to harm or threaten you, the children, or anyone in your home.
Order the abuser out of your home, even if you have left the home temporarily to seek shelter.
Order the abuse to stay away from where you work, live, and go to school.
Award temporary custody of the children.
Limit, restrict or supervise parenting time (visitation) between the children and the abuser.
Order temporary child support.
Order alimony to be paid (also called "temporary spousal maintenance").
Order counseling or other social services for one or both of you, if you request it and if you are married or have children.
Order the abuser to go to counseling or treatment, including domestic abuse counseling.
Award you or the abuser the temporary right to keep or use certain items of personal property. The court can order one or both of you not to sell, give away, destroy, or harm the property.
Order the sheriff to help you get your possessions out of the home or to provide protection.
Order the abuser to pay for expenses you have had because of the domestic abuse. These may include medical expenses or the cost of replacing or repairing damaged property.
Order that insurance coverage for you and the children be continued.
Order other help needed to protect you or the children.

In your petition, you ask the court not to use or give out your address in any public papers.

It is illegal for a person to have a gun if there is an OFP against him or her. In your petition, ask the court to order the abuser to turn all guns over to the police.

Does An OFP Effect Custody?
Yes. In future custody proceedings the court must consider a finding in a domestic abuse order, no matter which state the order was issued in.

What Happens At The Hearing?
You must show up for the hearing! If you don't, the order will be dismissed. At the hearing, you will tell the judge what happened. If possible, bring evidence like police reports, medical records, and photographs. Also bring witnesses who saw the abuse or your injuries, or heard you or the children being threatened. The abuser can tell the court his or her side of the story. The judge may ask questions of you both, and you may be allowed to ask each other questions. The judge will usually make a decision right away. You may have an advocate or lawyer with you, but it is not required.

Sometimes the abuser will also file for an OFP, claiming that you have abused him or her. The judge may choose to hear both petitions at the same time. If the abuser has not filed a petition against you, a judge must not issue a "Mutual Order For Protection" (an order against both of you).

What Happens After The Hearing? How Long Am I Protected?
The OFP describes your rights. Read it carefully. The judge may order different things than what you asked for. The order says how long it lasts. Usually the OFP lasts for one year. If you are still threatened or afraid when the order runs out, you can ask the court to extend it. The court will send a copy of the OFP to the local sheriff and police. You should also take a copy to your local police station. If you move you should notify the court and the police of your new address. Keep a copy of the OFP with you at all times!

What Happens If I Have An OFP And The Abuser Violates It?
If the abuser threatens or harms you or the children, or comes to your home, it is a violation of the Order for Protection. Call the police or sheriff right away. The police should arrest the abuser. The police do not need to have seen the assault or threat, but they do need to see a copy of the OFP. Violating the OFP is a crime, punishable by up to 90 days in jail and up to $700 in fines. This is in addition to punishment for any other crimes the abuser may have committed while violating the OFP. Possessing a weapon may add to the punishment. If the abuser interferes with your making a 911 call, that is also a crime.

You can also go back to Family Court to enforce the OFP. You must file a form with the court describing how the abuser violated it. You can use this form if the abuser doesn't pay child support, doesn't follow the custody or parenting time order, or fails to go to counseling--if those things were part of the OFP. The judge can order the abuser to appear in court for a hearing. Both you and the abuser can testify. If the judge decides that the abuser violated the OFP, the abuser can be punished.

What If I Let The Abuser Into My Home?
You do not violate the OFP by inviting the abuser to come into your home. If the abuser won't leave, or threatens you, the OFP is still there for you to use. In fact, the abuser is violating the order by coming into your home, even if invited. But, for your own safety, don't invite him or her in!

Must I Have A Court Hearing To Get An OFP?
Not necessarily. You can ask for an OFP without asking for a hearing. But the abuser will have a right to a hearing, if he or she requests it.
Also, if you don't ask for a hearing, you can only ask for four things:

order the abuser not to harm or threaten you or the children;
order the abuser out of the house;
order the abuser to stay away from your work; and
order that insurance coverage be continued.

You should also be able to ask for temporary custody of the children. But some courts may not allow this, so, if you have children, ask for a hearing. After the sheriff delivers the petition to the abuser, the abuser has five days to ask for a hearing. If he or she does, then the hearing will be within 8 to 10 days. The court will send you a notice of the date. Check with the court every day to see if the abuser has asked for a hearing. If there is a hearing and you don't show up, the order will be dismissed.

Is An OFP Enforceable In Other States?
Yes. Your OFP is enforceable in other states. If you move to a new state, you should register your OFP in the new state and take a copy to the local police. However, even if you do not register the OFP or take a copy to the police, it is still enforceable.

Harassment Orders

You can get a restraining order to prevent harassment in situations where you could not get an OFP. The relationship between you and the harasser doesn't matter. For example, the harasser may be a stranger, a neighbor, or a co-worker.

"Harassment" means acts, words, or gestures that the harasser uses that interfere with your safety, security or privacy. This can include threatening to hurt you or your property, stalking or following you, or repeatedly mailing or delivering objects to you.

The process for getting a restraining order from harassment is like the process for getting an OFP:

Apply at the court with a petition and affidavit.
Pay filing fees (if you have a low income, you can ask to file for free).
No lawyer is needed. The court clerk helps with forms. An advocate can help with the hearing.
The sheriff serves the papers.
The hearing is like an OFP hearing.
The order can:
- prevent further harassment;
- order the harasser not to contact you and your family;
- allow police to arrest the harasser without warrant; and
- last for 2 years.