When personal safety is at risk, Minnesota law provides legal tools to help individuals protect themselves through court-issued orders. Two of the most common are the Harassment Restraining Order (HRO) and the Order for Protection (OFP).
While both aim to restrict contact and prevent further harm, they serve different purposes and apply to different types of relationships and conduct. Understanding the difference between an HRO and an OFP is essential for anyone seeking protection or responding to one.
This guide explains how each order works, who can request them, and when they apply under Minnesota law.
What Is an HRO in Minnesota?
A Harassment Restraining Order (HRO) in Minnesota is a civil court order designed to protect individuals from unwanted behavior that qualifies as harassment. Harassment may include repeated unwanted contact, stalking, threatening behavior, or any conduct that causes substantial emotional distress without a legitimate purpose.
Unlike an Order for Protection (OFP), an HRO does not require a family or household relationship between the parties involved. Anyone—regardless of relationship—can request an HRO if they can show a pattern of harassment or a single incident of physical or sexual assault.
Once granted, the order can prohibit the respondent from contacting, approaching, or being near the petitioner. Violating an HRO can lead to criminal penalties, including arrest and jail time.
What Is an OFP in Minnesota?
An Order for Protection (OFP) in Minnesota is a legal order issued by the court to protect individuals from domestic abuse by a family or household member. This includes spouses, former partners, parents, children, or people who live together.
An OFP is specifically designed for cases involving threats or acts of physical harm, fear of imminent danger, or ongoing domestic violence. The petitioner must show that abuse has occurred or is likely to occur.
Unlike an HRO, an OFP can include broader protections, such as granting temporary custody of children, ordering one party to leave a shared residence, or prohibiting contact. OFPs can be issued on an emergency (ex parte) basis and typically last up to two years, though they may last longer in serious cases.
Key Differences Between HROs and OFPs in Minnesota
In Minnesota, both Harassment Restraining Orders (HROs) and Orders for Protection (OFPs) are court-issued civil remedies designed to protect individuals from harm. However, they serve different legal purposes and apply in different situations.
Understanding their key differences is essential when deciding which type of order to request—or how to respond if one has been filed against you.
1. Type of Relationship Required
One of the most important differences between an HRO and an OFP is the type of relationship required between the parties.
- OFPs require a domestic relationship, such as:
- Spouses or former spouses
- Parents and children
- Individuals who live or have lived together
- Individuals who share a child
- Individuals in a significant romantic or sexual relationship
This makes OFPs specifically applicable in cases of domestic abuse or intimate partner violence.
- HROs do not require a relationship between the parties.
An HRO may be filed against a neighbor, coworker, acquaintance, stranger, or someone you’ve only interacted with online.
2. Nature of the Conduct
The behavior addressed by each order is also different.
- OFPs address domestic abuse, which Minnesota law defines to include:
- Physical harm or assault
- Threats of harm
- Fear of imminent physical harm
- Criminal sexual conduct
- Interference with an emergency call
- HROs address harassment, which can include:
- Repeated unwanted acts or communication
- Stalking or following someone
- Sexual harassment
- A single incident of physical or sexual assault
- Targeted residential picketing
- Behavior that seriously interferes with a person’s privacy or safety
3. Protections and Relief Granted
OFPs generally allow broader relief than HROs.
- OFP protections may include:
- Temporary custody of children
- Exclusive use of a shared residence
- Restrictions on firearm possession
- Counseling or treatment requirements
- Child support or spousal maintenance orders
- HRO protections typically include:
- No-contact provisions
- Stay-away orders from home or workplace
- Restrictions on communication through phone, text, email, or social media
4. Filing Process and Evidence Requirements
Both HROs and OFPs begin with a petition filed with the court describing the incidents that led to the request for protection.
In urgent cases, a judge may issue a temporary **ex parte order**, providing immediate protection until a hearing is held.
At the hearing, both the petitioner and respondent may present evidence, testify, and call witnesses.
The petitioner must prove their case by a **preponderance of the evidence**, meaning it is more likely than not that the alleged conduct occurred.
5. Duration and Enforcement
Both orders may last up to two years, though they may be extended in certain situations.
Violating an HRO or OFP is a criminal offense that may result in arrest, fines, or jail time.
When Should You File for an HRO vs an OFP?
The appropriate order depends largely on your relationship to the other person and the type of conduct involved.
You may seek an **OFP** if the abuse involves a spouse, ex-partner, family member, co-parent, or household member.
You may seek an **HRO** if harassment is coming from someone outside your household, such as a neighbor, coworker, acquaintance, or stranger.
Filing the correct order helps ensure the court can provide the protections you need under Minnesota law.
How a Minnesota Attorney Can Help
Whether you are seeking protection or responding to allegations, the legal process surrounding HROs and OFPs can be complex and emotionally difficult.
An experienced Minnesota attorney can help you:
- Determine whether an HRO or OFP is appropriate
- Prepare a strong petition or legal response
- Gather and present evidence effectively
- Represent you at court hearings
- Protect your rights and legal interests
Legal Representation for HRO and OFP Cases in Minneapolis
Attorney Judith Samson represents both individuals seeking protection through Harassment Restraining Orders or Orders for Protection and individuals responding to allegations made against them.
If you are seeking protection from harassment or domestic abuse—or defending yourself against an HRO or OFP—experienced legal guidance can make a significant difference in the outcome of your case.
Contact Samson Law at (612) 333-8001 or [email protected] 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.
