Orders for Protection in Minnesota

Last reviewed November 3, 2026

An order for protection in Minnesota is a civil court order that protects a person from domestic abuse by a family or household member. The order is governed by the Minnesota Domestic Abuse Act, Minn. Stat. § 518B.01, and is often called an “OFP.” This page describes who may seek one, how the process works, and what an order may require. It is part of the site’s guide to court and ADR processes in Minnesota.

If you are in immediate danger, contact law enforcement first. The court process described below works alongside emergency help, not in place of it.

What Counts as Domestic Abuse

The statute defines domestic abuse in specific terms. It includes physical harm, bodily injury, or assault. It also includes the infliction of fear of imminent physical harm, bodily injury, or assault. Finally, it covers certain crimes, such as terroristic threats, criminal sexual conduct, and interference with an emergency call (§ 518B.01, subd. 2(a)).

The conduct must occur between family or household members. That group is broad. It includes spouses and former spouses, parents and children, and other blood relatives. It also includes people who live together or once did, people who share a child, and people in a significant romantic or sexual relationship (subd. 2(b)).

An OFP Compared with an HRO

An OFP is limited to abuse within a family or household relationship. When the parties have no such relationship, or the conduct is harassment rather than abuse, the usual remedy is a harassment restraining order under Minn. Stat. § 609.748. The Harassment Restraining Order (HRO) page explains that process.

Who May File a Petition

Any family or household member who has experienced domestic abuse may petition for an order. A guardian may also file. In addition, a reputable adult age 25 or older may file on behalf of a minor, if the court finds it in the minor’s best interests (subd. 4(a)).

The petition must include a sworn affidavit that states the specific facts of the abuse. It must also describe, as far as the petitioner knows, any firearms the respondent possesses. A petition may be granted even when no divorce or custody case is pending (subd. 4(b), (e)).

Notably, there is no filing fee. The statute waives the fees for both the petitioner and the respondent (subd. 3a).

Ex Parte Orders

If the petition alleges an immediate and present danger of domestic abuse, the judge may issue an ex parte order. This is a temporary order signed without the respondent present (subd. 7).

An ex parte order may, for example, restrain further abuse and exclude the respondent from a shared home. It may also bar contact with the petitioner, including contact by phone, text, email, or a third party. Furthermore, it may address the care of a pet or companion animal.

The Hearing

The timing of the hearing depends on what the court has already ordered (subd. 5):

1. If no ex parte order is issued, the court must hold a hearing within 14 days.
2. If an ex parte order grants only basic relief, no hearing is required unless a party requests one.
3. If the respondent requests a hearing, it must take place within 10 days of the request.
4. If the petitioner seeks broader relief, the hearing must take place within 7 days.

At the hearing, both parties may present testimony and evidence. The judge or referee then decides whether domestic abuse occurred and what relief is appropriate.

Relief the Court May Order

After notice and a hearing, the court may grant a wide range of relief (subd. 6(a)). Common provisions include:

• an order restraining the respondent from committing further abuse;
• exclusion of the respondent from the petitioner’s home, workplace, or a surrounding area;
• temporary custody and parenting time arrangements for minor children;
• temporary child support or spousal maintenance;
• continued insurance coverage; and
• counseling or treatment for the respondent.

In many cases, the order also bars the respondent from possessing firearms while it remains in effect. The court must then direct the respondent to transfer any firearms and surrender any permits (subd. 6(g)). The Legislature revised these firearm procedures in 2026, so the current statute should be reviewed in each case.

How Long an Order Lasts

An order for protection generally lasts up to two years. However, the court may set a longer period when appropriate (subd. 6(b)).

In more serious situations, an order may last up to 50 years. That longer term is available if, for example, the respondent has violated a prior order two or more times (subd. 6a(c)). A petitioner may also apply to extend an order, or to obtain a new one after an earlier order expires.

An extension does not require proof of new abuse. In Rew ex rel. T.C.B. v. Bergstrom, 845 N.W.2d 764 (Minn. 2014), the Minnesota Supreme Court held that a court extending an order under subdivision 6a need not make a new finding of domestic abuse. The court also rejected constitutional challenges to a 50-year extension.

Violating an Order for Protection

An OFP is a civil order, but violating it is a crime. A first violation by a respondent who knows of the order is a misdemeanor, with a minimum of three days in jail (subd. 14(b)).

Penalties increase with prior offenses. A violation within ten years of a previous qualifying domestic violence conviction is a gross misdemeanor. Repeat violations may be charged as a felony (subd. 14(c)–(d)).

OFPs and Family Court Cases

An order for protection often affects a pending divorce or custody case. Domestic abuse is one of the best-interest factors the court must weigh. It also creates a presumption against joint legal and joint physical custody. See Joint Custody in Minnesota and Emergency and Ex Parte Custody Orders.

OFP proceedings are family court actions, so the family court rules govern them (Minn. Gen. R. Prac. 301.01(b)(3)). Unlike most family matters, however, they are exempt from the requirement to attempt alternative dispute resolution (Minn. Gen. R. Prac. 310.01(a)).