If you’re living with someone who threatens, controls, or physically harms you, you may feel trapped, especially if you share a home. How can the law help in these situations?
You can get an Order for Protection (OFP) in Minnesota even if you live with your abuser. The law is designed to protect you wherever you are, not only after you leave.
Here’s what you need to know about your right to seek safety and how an expert family lawyer can help you protect your life and safety.
What is an Order for Protection (OFP)?
An Order for Protection (OFP) is a court order under the Minnesota Domestic Abuse Act (Minn. Stat. § 518B.01) that provides legal protection for people who have experienced domestic abuse from a family or household member.
A family or household member includes:
- A spouse or former spouse
- Someone you live with or used to live with
- A romantic or sexual partner
- A co-parent
- A family member related by blood or marriage
You do not have to be married, separated, or living apart to qualify. If you live together, you can still request protection.
Yes — you can get an OFP even if you still live together
The law recognizes that leaving an abusive household isn’t always possible right away. You may depend on your abuser financially, have children together, or fear retaliation if you move out suddenly.
You can still apply for an Order for Protection to keep yourself safe while remaining in — or temporarily away from — the home.
If the court grants your OFP, the judge can order your abuser to:
- Leave the shared residence, even if their name is on the lease or mortgage.
- Stay away from your workplace, school, or children’s daycare.
- Stop contacting or harassing you by phone, text, social media, or through others.
- Surrender firearms if there’s a credible threat of violence.
- Pay temporary child or spousal support if needed.
That means you can stay in your home and have your abuser legally removed. The court’s priority is your immediate safety and the safety of your children.
How to file for an Order for Protection in Minnesota
You can request an OFP in your local district court — or, if it’s urgent, you can apply for an ex parte (emergency) order, which the judge can grant the same day without notifying your abuser first.
Steps to file:
- Go to your county courthouse (or file online at the Minnesota Judicial Branch website).
- Fill out the Petition for an Order for Protection.
- Explain what happened and why you need protection.
- Ask for specific relief — for example, for your abuser to leave the home or stop contacting you.
- The judge reviews your request and can issue an immediate ex parte OFP.
Once granted, the order is served to your abuser, and law enforcement enforces it. A hearing will then be scheduled (usually within 7–14 days) where both sides can present evidence.
For step-by-step guidance, visit the Minnesota Judicial Branch
What to include in your petition
When filing, include as much specific detail as possible. Judges look for:
- Dates and descriptions of recent incidents.
- Threats or acts of violence (verbal, physical, or sexual).
- Police reports or photos (if available).
- Information about children in the home and how they’ve been affected.
If you still live together, explain why leaving isn’t safe or possible and why you need the court’s help to stay protected.
What happens after an emergency OFP is granted
If the court grants an ex parte Order for Protection, it takes effect immediately once served. Your abuser can be ordered to move out right away, even if it’s their home too.
Law enforcement can:
- Escort them out of the residence,
- Ensure you remain safe during the process, and
- Enforce no-contact provisions.
Violating an OFP is a crime in Minnesota and can result in arrest and jail time.
You do not have to face this alone
Living with your abuser can make every day feel unpredictable and dangerous. But you are not without help. Alongside legal protections, there are Minnesota domestic violence advocacy groups and legal aid organizations that can help you create a safety plan, find housing, or file your OFP safely.
For example:
- Minnesota Coalition for Battered Women (MCBW)
- Minnesota Crime Victim Support Line – 866-385-2699
- Minnesota Judicial Branch Domestic Abuse Resources
If you’re in immediate danger, call 911 or reach the National Domestic Violence Hotline at 1-800-799-7233.
How Martine Law can help
At Martine Law, we help survivors of domestic abuse navigate the legal system with safety and compassion in mind. Our attorneys can:
- File emergency and long-term Orders for Protection.
- Request that your abuser be removed from your home.
- Represent you in court hearings.
- Connect you with community resources and victim advocates.
You don’t have to leave your home to stay safe — the law allows you to ask the court to protect you where you are.
Contact Martine Law today for confidential legal help with an Order for Protection in Minnesota.
Key takeaways
- You can get an Order for Protection in Minnesota even if you live with your abuser.
- Judges can order your abuser to move out immediately and stay away from your home and work.
- You can request an emergency (ex parte) order the same day you file.
- Violating an OFP is a criminal offense that police can enforce immediately.
Legal help and advocacy resources are available to support your safety and next steps. Don’t wait, and take the next step to your safety and future. We are here to help you every step of the way.
Disclaimer: This content is for informational and educational purposes only and does not constitute legal advice. For legal guidance specific to your situation, please contact Martine Law.