An Order for Protection (OFP) is generally issued when an individual or their minor child has been the victim of domestic abuse. These court orders are designed to provide legal protection and prevent further harm.
Domestic abuse can take many forms. It may involve physical violence, threats, intimidation, verbal abuse, or harassment through phone calls, emails, text messages, or social media.
Whether you are seeking protection from domestic abuse or you have been served with an Order for Protection and need to respond, it is important to seek legal advice from an experienced attorney who understands the Minnesota court process.
When Is It Time to File an Order for Protection?
There are many situations in which a person may request or be served with an Order for Protection. Minnesota Statute §518B.01 defines “domestic abuse” as:
- Physical harm, bodily injury, or assault
- The infliction of fear of imminent physical harm, bodily injury, or assault
- Terroristic threats, criminal sexual conduct, sexual extortion, or interference with an emergency call
To qualify as domestic abuse under the statute, the act must occur between family or household members. Minnesota law defines family or household members to include:
- Spouses and former spouses
- Parents and children
- Persons related by blood
- Individuals who currently live together or have lived together in the past
- Individuals who share a child in common
- A pregnant woman and the alleged father of the child
- Individuals involved in a significant romantic or sexual relationship
How to Obtain an Order for Protection in Minnesota
There are two primary types of Orders for Protection under Minnesota law:
- Ex Parte Order for Protection
An ex parte Order for Protection may be issued immediately if the court believes there is an immediate and present danger of domestic abuse. The order can be granted without the respondent being present in court.
- Full Order for Protection
A full Order for Protection may be issued after a court hearing where both the petitioner and the respondent have the opportunity to present evidence and explain their side of the situation.
An individual who is served with an Order for Protection may face serious short-term and long-term consequences, including:
- Being ordered to stay away from the other party and possibly any minor children
- Being removed from a shared residence
- Restrictions on going near the other party’s workplace or school
- Prohibitions on phone calls, messages, emails, or other contact
- Temporary custody or parenting time restrictions
- Court-ordered counseling or treatment
- Loss of access to shared property or housing
In many cases, an Order for Protection lasts up to two years. However, under certain circumstances, courts may issue longer orders.
Legal Help for Order for Protection Cases
Order for Protection cases can move quickly and often involve complicated legal issues. Whether you are seeking protection from domestic abuse or responding to an OFP that has been filed against you, it is important to understand your rights and options.
Attorney Judith Samson represents both individuals requesting Orders for Protection and individuals responding to allegations. She helps clients prepare petitions, gather evidence, and present their case effectively in court.
Minneapolis Order for Protection Attorney
With more than 20 years of experience, Judith Samson provides experienced legal guidance in domestic abuse and protective order cases throughout Minnesota.
Call (612) 333-8001, email [email protected], or complete the online contact form to schedule a confidential consultation.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
