Orders for Protection (OFPs) can be issued without warning and have serious consequences—from def facto eviction to loss of parental rights. Learn how an attorney can help protect your rights and fight false or exaggerated claims. #MinnesotaLaw

Understanding Orders for Protection (OFPs) in Minnesota and What to Do if you are Served with One

Orders for protection (“OFPs”) are civil court orders meant to provide protection to people facing an immediate and present danger of domestic abuse. This is, of course, an important goal. However, the problem faced by the system is how to balance the alleged need for quick protection against fundamental rights of all people to have fair notice and a meaningful chance to respond and expose false or overblown accusations.

The right to respond becomes increasingly important in light of two facts: (1) OFPs can create consequences across multiple domains of your life, including your liberty, speech, job, right to bear arms, housing, and access to and custody of your children; and (2) OFPs can be granted ex parte—meaning solely based on one person’s written petition without a judge even talking to the person or seeing any evidence.  

How do OFPs Work?

First, a person must petition the court for relief, which is legalese for fill out a form explaining why the person is scared. These forms are free to file. The Court then asks, if everything is in this petition is true, could this person be in immediate and present danger of domestic abuse? If so, then the Court will issue a temporary OFP.

What is domestic abuse?

It is important to understand what “domestic abuse” can mean. Under Minnesota law, domestic abuse is far more than full-on physical violence, like slapping or punching. Domestic abuse can include any amount of physical harm or bodily injury. It also includes fear of imminent harm. It could include an inadvertent scratch by a fingernail, grabbing someone by the wrist too tightly during an argument, or throwing a glass at a wall out of anger.

If a person can allege any sort of anger, yelling, and a potential for future, unwanted physical contact, then there is a good chance a Court will grant a temporary, ex parte, OFP before you even have a chance to share your side.

What can an ex parte OFP do?

Based entirely on the written allegations in the petition, the Court can issue a wide variety of restrictions. One frequent area of surprise—and cause of immediate hardship—is being kicked out of your home. Even if your name is on the lease. Even if you pay the bills. An ex parte OFP can force you to leave. Whether this requires staying with friends and family, paying for a hotel, or sleeping in a car, you can be arrested and charged with a crime if you attempt to go home.

Another consequence can be the immediate loss of parental rights. While the Court cannot directly decide custody or parenting issues with an ex parte OFP, the Court can prohibit all direct and indirect contact with the petitioner. Practically speaking, this often means that, if the petitioner currently has physical custody of young children, then the accused cannot see or talk to the children. The petition could also allege abuse against the children, making them protected parties as well.

How long does an OFP last?

The ex parte OFP is intended to be short and temporary. In fact, if the Court granted an ex parte OFP, then the Court is supposed to have a hearing within less than 14 days. An accused may get as little as 12 hours of notice and time to prepare. However, in practice, one or both sides typically asks for a continuance. Depending on how busy the Court is and the reason for the continuance, hearings may be pushed out 1-2 months, or even longer.

After a hearing—or if the accused fails to request a hearing—the OFP will typically be extended for 2 years. However, the petitioner can later come back and ask for a new OFP to extend the time if they can show the OFP was violated during the 2 years or they are still in fear. In some instances, OFPs may even be extended up to 50 years.

What happens at an OFP hearing?

An OFP hearing is a trial before a judge or referee. Typically, they last between 1–4 hours but may be extended if the need arises. First, the petitioner will get a chance to share their evidence and story. They may testify themselves, bring witnesses, or show the court pictures, text messages, documents or video and audio recordings.

Next, the accused (called the respondent) gets a chance to share their side. They can also call witnesses and present the same types of evidence. Then, the judge will decide who to believe. If the judge finds that one side is even a little bit more persuasive, then that side will likely win.

What are the consequences of losing at an OFP hearing?

After a hearing, the Court has significant authority to impose far more consequences than with the ex parte order. The Court can continue to prohibit the accused from returning home and from having any contact with the petitioner. The Court can also award temporary custody or parenting time, as well as ordering monetary child and spousal support.

The Court may order the accused to take classes, go to treatment, and to pay for medical or therapeutic bills of the petitioner. Additionally, the Court can award a pet to one person, can direct that one person be given use of a vehicle, and prohibit the possession of all firearms. Lastly, losing means there is an official finding that abuse occurred. This can impact later custody cases in family court. It may also have serious immigration consequences.

How can an attorney help?

An attorney can help beat and minimize the consequences of an OFP. Attorneys are trained to persuade. They can help present the best possible case to the judge. Attorneys can also negotiate a settlement without a hearing. This is often called an agreement for “an Order without findings.” Settlement can offer a safe and effective solution where the parties can walk away, not contact each other, and agree on any property or custody issues. Attorneys will also help you navigate all the timelines, rules, and procedures so you do not inadvertently miss your chance to argue your case or present your evidence.

If you or someone you know needs and OFP to protect them or needs to defend against an OFP in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.

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This blog post (“post”) is provided for general informational purposes only and may not reflect the current law in Minnesota or your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.