What Is an Order for Protection in Minnesota?

Reviewed by the Marketing Team · Last updated October 23, 2026

Martine Law PLLC | Updated October 23, 2026

An Order for Protection (OFP) in Minnesota is a civil court order under the Domestic Abuse Act that protects a person from domestic abuse by a family or household member. Depending on its terms, it can prohibit contact, require someone to leave a shared home, and, after a hearing, address temporary custody, support and property. A judge can issue one before the respondent is heard, and violating it can lead to criminal charges. Source: Minnesota Statutes 518B.01

What counts as domestic abuse for an OFP?

An OFP requires both a qualifying relationship and domestic abuse, meaning any of these acts by one family or household member against another:

• Physical harm, bodily injury, or assault.
• The infliction of fear of imminent physical harm, bodily injury, or assault.
• Terroristic threats, criminal sexual conduct, sexual extortion, or interference with an emergency call, as the criminal code defines them.

Source: Minnesota Statutes 518B.01, subdivision 2

A visible injury is not required, but the second category turns on the respondent’s conduct inflicting fear, not on the petitioner’s fear alone. The case is civil. The person who asks for the order is the petitioner, and the person restrained is the respondent.

This page covers domestic abuse OFPs. A Harassment Restraining Order requires no relationship, a Domestic Abuse No Contact Order is issued in a criminal or juvenile delinquency case, and a separate statute covers financial exploitation of a vulnerable adult. Source: Minnesota Statutes 609.2334 See OFP vs HRO in Minnesota.

Who can file for an OFP?

A family or household member can petition personally. For a minor family or household member, a family or household member or a guardian can petition, as can a reputable adult age 25 or older if the court finds it is in the minor’s best interests. A minor age 16 or older can petition personally against a spouse, former spouse, or a person with whom the minor has a child, if the court finds sufficient maturity and judgment and that filing is in the minor’s best interests. Source: Minnesota Statutes 518B.01, subdivision 4

What does “family or household member” mean?

• Spouses and former spouses.
• Parents and children.
• Persons related by blood.
• Persons who live together or have lived together.
• Persons with a child in common, whether or not they married or lived together.
• A man and woman where the woman is pregnant and the man is alleged to be the father.
• Persons in a significant romantic or sexual relationship, judged by its length, type, frequency of interaction, and time since it ended.

Source: Minnesota Statutes 518B.01, subdivision 2

A neighbor or coworker with no independently qualifying relationship cannot be the subject of an OFP. An HRO may fit if the conduct meets the harassment definition, and an HRO is also available between family members when that test is met. Source: Minnesota Statutes 609.748, subdivisions 1 and 2

How do you apply for an OFP in Minnesota?

The petitioner files a petition with a sworn affidavit stating specific facts, the court reviews it, and the respondent is served. Courts must provide simplified forms and clerical help. Source: Minnesota Statutes 518B.01, subdivision 4 The Judicial Branch publishes petition, respondent, modification and extension forms, and petitions can be prepared through Guide & File. Source: Minnesota Judicial Branch, Domestic Abuse forms

• Where to file. In the county where either party lives, where a family court case involving the parties or their minor children was brought, or where the abuse occurred. There is no residency requirement, and these cases get docket priority. Source: Minnesota Statutes 518B.01, subdivision 3
• Fees. Filing fees are waived for petitioner and respondent. Source: Minnesota Statutes 518B.01, subdivision 3a
• Firearms. Since August 1, 2026, the petition must describe, to the best of the petitioner’s knowledge, the types and locations of the respondent’s firearms, but a court may not dismiss a petition that lacks that description. Source: Laws 2026, chapter 75, section 3
• Address privacy. On request, the petitioner’s and children’s locations are kept out of the public file. Source: Minnesota Statutes 518B.01, subdivision 3b

The statute does not require a police report. In Hennepin County, the Domestic Abuse Service Center helps with OFP filings and safety planning. Services are available by phone at 612-348-5073 or on-site at the Hennepin County Government Center, floor A-14, in Minneapolis. Check the county’s current service information before visiting. Source: Hennepin County, Domestic Abuse Service Center The law itself is the same in every county. For hearing representation, see our Orders for Protection page.

Can an OFP be issued without a hearing?

Yes. If the petition alleges an immediate and present danger of domestic abuse, the court may grant an ex parte order without notice to the respondent. It can restrain abuse, exclude a party from the shared home and a described surrounding area, exclude the respondent from the petitioner’s workplace, order no contact, continue insurance, and address pets. Temporary custody, parenting time, support, and general property relief require notice and a hearing. Source: Minnesota Statutes 518B.01, subdivisions 6 and 7

How is the respondent served?

Ordinarily by personal service. The statute also allows publication when the respondent avoids service, court-ordered alternate service, and a law enforcement short-form notification. An ex parte order expires if personal service is not made, or the publication affidavit is not filed, within 14 days, and it expires if publication is not completed within 28 days unless personal service is made. Source: Minnesota Statutes 518B.01, subdivisions 7, 8 and 8a Case records are not public until an order is served on the respondent. Source: Rules of Public Access to Records of the Judicial Branch, Rule 4

When is there an OFP hearing?

It depends on the track:

• No ex parte order. The hearing is held no later than 14 days from the order for hearing.
• Ex parte order plus broader relief, or relief declined. The hearing must be held within seven days. A respondent served fewer than five days before it can get a continuance of up to five days unless there are compelling reasons not to.
• Ex parte relief only. No hearing unless the court declines relief or a party requests one. A respondent’s request must be heard within ten days of the court receiving it.

Source: Minnesota Statutes 518B.01, subdivision 5

When the petitioner has not requested a hearing, the served order includes a request form and a notice that no hearing will be held unless the respondent requests one within five days of service. Do not assume the service day counts as day one. Minnesota Rule of Civil Procedure 6.01 generally excludes the triggering day, counts intervening weekends and holidays, and adjusts a deadline that ends on a weekend or legal holiday. Service method and time can also affect the calculation. Have the deadline on your actual order confirmed promptly and file early. Without a request, the order stays in effect for the period the court set, though either party can still move to modify it. Source: Minnesota Statutes 518B.01, subdivisions 7 and 11

Both sides can testify and offer witnesses and exhibits. A respondent’s OFP hearing testimony is inadmissible in a criminal proceeding. Source: Minnesota Statutes 518B.01, subdivision 15

What should you do if you are served with an OFP?

Read the order. Its written terms control.

• Comply now. Leave any place it excludes you from and stop all prohibited contact, including texts, social media and messages through others. Do not contact the petitioner to apologize or explain.
• Check for a hearing date. If none is set, decide quickly whether to request one.
• Preserve evidence. Save dated messages, call logs, photos and records, write a timeline, and identify witnesses.
• Share exhibits only as the court directs, never by sending them to the petitioner yourself when contact is barred.
• Get advice on criminal exposure. The same facts can support a charge, and any criminal no-contact order must be followed separately.

See how to fight an OFP in Minnesota and retrieving belongings under an OFP.

What can an OFP order after a hearing?

After notice and a hearing, the court may:

• Restrain domestic abuse and order no contact by any means.
• Exclude the respondent from the shared home or petitioner’s residence, a described surrounding area, and the petitioner’s workplace.
• Award temporary custody or parenting time, giving primary consideration to the safety of the victim and children.
• Set temporary child or spousal support.
• Order counseling or a domestic abuse program.
• Award temporary use of property and restrain property transfers.
• Order restitution, continued insurance, care of pets, and other relief needed for protection.

Source: Minnesota Statutes 518B.01, subdivision 6

Since August 1, 2026, when the respondent is the account holder on a shared wireless plan, the court can issue a separate order directing the provider to transfer the petitioner’s numbers or release the petitioner from the plan. Source: Laws 2026, chapter 97, article 7, sections 2 and 3 See OFPs and HROs in custody and parenting time.

How does an OFP affect firearms?

An order must bar firearm possession while in effect if it restrains harassing, stalking, or threatening the petitioner, or other conduct placing the petitioner in reasonable fear of bodily injury, and it either finds the respondent a credible threat to the petitioner’s physical safety or prohibits using, attempting, or threatening physical force. The court must order firearms transferred under section 518B.03 and permits to carry and purchase surrendered. If it finds by a preponderance of the evidence an imminent risk of causing another person substantial bodily harm, it must order law enforcement to take immediate possession. Source: Laws 2026, chapter 75, section 4

Under section 518B.03, the court sets a transfer deadline based on custody status and where the firearms are. Transfers go to a licensed dealer, the local law enforcement agency, or an eligible third party who does not live with the respondent, with third-party transfers completed at the agency. The respondent files proof of transfer or a declaration of nonpossession, and the court holds a compliance hearing within ten business days after issuing the transfer order, unless it finds sufficient proof of compliance to waive the hearing. Voluntary surrender, surrender-related testimony, compliance, and information derived from them generally cannot be used in a criminal prosecution against the respondent. Exceptions include prosecution for perjury, a false statement, or failure to comply with the transfer order. Source: Laws 2026, chapter 75, section 6

The state ban also covers ammunition. Source: Minnesota Statutes 624.713, subdivision 1 Every OFP warns that a final order may also trigger a federal prohibition. Source: Minnesota Statutes 518B.01, subdivision 18 See does a restraining order affect my gun rights.

How long does an OFP last, and can it be changed?

Up to two years unless the court finds a longer period appropriate. Source: Minnesota Statutes 518B.01, subdivision 6 The court can extend it, or grant a new order, if the respondent violated an OFP, the petitioner reasonably fears physical harm, the respondent committed harassment under section 609.749, or the respondent is about to be or was recently released from incarceration. Imminent harm need not be shown. An order can last up to 50 years, restraining abuse and contact, if the respondent violated an OFP on two or more occasions or this petitioner has had two or more OFPs against the same respondent. Source: Minnesota Statutes 518B.01, subdivision 6a

Either party can move to modify an order after notice and a hearing. The special five-year waiting rule applies to orders issued under subdivision 6a(c), which allows relief for up to 50 years; it does not apply merely because an order lasts longer than two years. For an order under that provision, the respondent may seek modification or vacation after it has been in effect for at least five years without a violation. The respondent must prove a material change in circumstances and that the reasons for the order no longer apply and are unlikely to recur. A denial starts another five-year waiting period. Source: Minnesota Statutes 518B.01, subdivision 11 A private agreement between the parties does not change the order.

What happens if an OFP is violated?

A knowing violation is ordinarily a misdemeanor unless an enhancement applies, and it is also contempt of court.

• Misdemeanor. Up to 90 days or $1,000, or both. The sentence must include at least three days and counseling, but the jail time may be stayed unless the person fails to comply with treatment.
• Gross misdemeanor. Within ten years of a prior qualified domestic violence-related conviction or adjudication of delinquency. Up to 364 days or $3,000, or both, with at least ten days that must be served, plus counseling.
• Felony. Within ten years of the first of two or more such priors, or while possessing a dangerous weapon. Up to five years or $10,000, or both, with at least 30 days of incarceration if the sentence is stayed.

Source: Minnesota Statutes 518B.01, subdivisions 14 and 18 Qualifying priors include domestic assault, stalking, and OFP, HRO or DANCO violations. Source: Minnesota Statutes 609.02, subdivision 16

Police must arrest without a warrant on probable cause of a violation, including that the person knew of the order, when they can verify it. A person first served at a prohibited location must get a reasonable chance to leave first. An arrested person is held at least 36 hours, excluding the arrest day, Sundays and holidays, unless a judge or judicial officer releases the person sooner. Source: Minnesota Statutes 518B.01, subdivision 14

A misdemeanor or gross misdemeanor conviction bars firearm possession for three years, longer if another violation conviction follows in that time, and for any longer period up to life if a firearm was used. Source: Laws 2026, chapter 75, section 5 See our domestic violence defense page, no-contact orders in Minnesota domestic violence cases, DANCO lawyers, and harassment restraining order violation in Minnesota.

Questions people ask

Does an OFP go on your criminal record?

No. An OFP is a civil order, though a conviction for violating one is a criminal record. OFP files are not public before service and have no remote public access, so what a background check shows depends on the search. Source: Rules of Public Access to Records of the Judicial Branch, Rule 8

Can the petitioner invite the respondent back home?

The petitioner cannot privately cancel the order. If it excludes the respondent from the home or bars contact, an invitation does not excuse a violation. Source: Minnesota Statutes 518B.01, subdivisions 14 and 18

Does an OFP affect child custody?

Yes. An OFP can set temporary custody and parenting time, and a later custody court must consider a finding that domestic abuse occurred. Source: Minnesota Statutes 518B.01, subdivisions 6 and 17

Can you get an OFP without a physical injury or police report?

Yes. Domestic abuse includes inflicting fear of imminent physical harm, and no police report is required. The petition needs a sworn affidavit of specific facts. Source: Minnesota Statutes 518B.01, subdivisions 2 and 4

Talk with Martine Law about an Order for Protection

Your first conversation may be with a Director of Client Engagement (non-attorney), who helps with intake and scheduling and does not provide legal advice. Tell the intake team about any hearing date or deadline. An attorney can evaluate your order and legal options.

If you have been served with an OFP, the hearing deadline and firearm rules move quickly, and a criminal charge can follow. Martine Law PLLC represents respondents at OFP hearings and defends alleged violations across Minnesota. Contact Martine Law PLLC online. Phones are answered 24/7. Call 612-294-0650 to request a free consultation.

This article is general information about Minnesota law and is not legal advice for any specific situation.