Order for Protection

The person applying for the OFP is called the petitioner.  The person you are seeking protection from is called the respondent.

The petitioner may apply for an OFP if:

• Domestic abuse has occurred; AND

• The petitioner and respondent are family or household members.

In certain situations, a petitioner may apply on behalf of another person.  For example, a petitioner may apply on behalf of a minor child if there has been domestic abuse of the child by the respondent, and the petitioner is:

• A family or household member of the child; or

• The child’s parent or guardian; or

• A reputable adult age 25 or older, if the judicial officer finds that it is in the best interest of the minor.

Additionally, a legal guardian of an adult may apply on behalf of the adult ward. A guardianship order from a court must be in place.

A person aged 16 or 17 may apply for an OFP on their own if there has been domestic abuse, and the respondent is someone the petitioner:

• Is married to;

• Was married to; or

• Has a child with, if the judicial officer finds that the petitioner has sufficient maturity and 

judgment, and that it is in the best interest of the minor. 

A petitioner may apply for an OFP:

• In the county where the petitioner lives;

• In the county where the respondent lives; 

• In the county where the domestic abuse happened;

• In any county where there is a pending or completed family court case involving the petitioner and the respondent, or their minor children, such as a divorce or child custody case; or

• In the court with jurisdiction over divorce actions. 

There is no cost to apply for an OFP.  If the judicial officer grants the OFP, then the OFP must be personally delivered to (served on) the respondent.  There is no cost to the petitioner for serving the respondent and no cost for the respondent to request a hearing.

See Minn. Stat. § 518B.01, subd. 2.

Domestic Abuse.  Minnesota law defines domestic abuse as any of the following conduct between family or household members, regardless of whether the conduct has ever been reported to the police:

a. Actual physical harm, bodily injury, assault (such as hitting, kicking, slapping, pushing, stabbing), or infliction of fear of imminent physical harm, bodily injury, or assault (such as verbal threats, threatening gestures);

b. Terroristic threats (such as a threat to kill, break bones, or threatening someone with a knife or a gun);

c. Criminal sexual conduct with an adult (such as forced sex or forced contact with intimate body parts, even if the parties are married), or any form of sexual contact with a child; 

d. Sexual extortion (when a person submits to sexual conduct or penetration under a direct or indirect threat:

• to harm employment or housing, 

• to report immigration status or make a criminal charge, or

• to disseminate private sexual images or expose confidential information);

 e. Interference with an emergency call (intentionally interrupting or preventing someone from placing an emergency call).

2. Family or Household Members.

a. Married persons;

b. Persons who were married, but are now divorced;

c. Parents, children;

d. Persons related by blood or adoption (such as sisters, brothers, aunts, uncles, or grandparents);

e. Persons who live together now, or who lived together in the past;

f. Persons who have a child together, even if they have not been married or lived together;

g. Persons who have an unborn child together; or

h. Persons involved in or who were involved in a significant romantic or sexual relationship (regardless of sexual orientation). 

According to Minnesota law, to qualify for an OFP, the situation must include “domestic abuse” AND “family or household members” as defined above.  If your application DOES NOT involve “domestic abuse” AND “family or household members” you may still be able to apply for a Harassment Restraining Order (HRO).

(All Information above directly cited from MN Courts Gov)

• INSTRUCTIONS: Asking for an Order for Protection (OFP) Per MN Courts Gov
• Orders For Protection and Harassment Restraining Orders Per Law Help MN: This booklet helps you understand what an Order for Protection (OFP) is, how to get one, and how an OFP is different from a Harassment Restraining Order (HRO).
• Guided File for OFPs Per Minnesota Guide and File: If you decide to do a Guided File, still reach out to a Day One Advocate for additional discussion and support.

Per Law Help MN:

“For an OFP, the abuser must be family, you must have lived with them, or you must have a child together or a significant romantic relationship.  For an HRO, the relationship between you and the harasser does not matter. If you have the kind of relationship you need to get an OFP, you should apply for an OFP.

Some behaviors do not meet the legal definition of domestic abuse but do meet the definition of harassment. For example, your ex-boyfriend calls you over and over saying he is going to take custody of your child. If it annoys you that his calls don’t stop, it is harassment.  If his calls make you afraid of being harmed, it is domestic abuse.”

• See MN Courts Gov – Comparison and Contrast of Orders Prohibiting Contact in Domestic Violence Situations (Page A-1)
• See more information on Harassment and Harassment Restraining Orders. 

Remember, an OFP is only one step in the planning process and does not guarantee your safety. Reach out to Day One to discuss your options and what would be best for you.

Filing for an OFP is only one step in the safety planning process. It is definitely an option you might want to consider, but OFPs do not guarantee your safety. If you are unsure if filing an OFP is right for you, please keep in mind reaching out to a Day One advocate to discuss all of your options and the factors to consider before filing an OFP.