If you’ve been served with an Order for Protection (OFP) in Minnesota, it’s essential to understand what’s at stake, and how to protect yourself.
An OFP is a serious legal tool used in cases involving domestic abuse, and while it’s designed to protect individuals from harm, it can also be misused or filed based on misunderstandings or exaggerated claims.
At Martine Law, we’ve helped numerous clients navigate the stress and confusion that comes with defending against an OFP. In this post, we’ll walk you through common legal defenses and key considerations if you’ve found yourself in this situation.
What Is an OFP?
An OFP is a civil court order intended to protect a petitioner from domestic abuse, typically issued against a family or household member. While it’s a civil matter, violating an OFP can lead to criminal charges, fines, and jail time, so it’s important to take it seriously.
Common Defenses Against an OFP
1. Lack of Abuse or Threat
The petitioner must prove that domestic abuse occurred as defined by Minnesota law. If there is no evidence of physical harm, fear of harm, or other qualifying abuse, this can be a valid defense.
2. False Allegations or Motive
Sometimes, OFPs are filed out of anger, revenge, or as a tactic in custody or divorce proceedings. If you can show that the allegations were made falsely or in bad faith, the court may deny the order.
3. Insufficient Evidence
The burden of proof is on the petitioner. If they cannot provide credible evidence—such as medical reports, police records, witness testimony, or text messages—the court may rule in your favor.
4. Self-Defense
If an incident did occur but you were defending yourself or someone else, this can be a powerful argument. The context and history of the relationship matter.
5. Violation of Due Process
Procedural errors (like improper service of paperwork or not being given the chance to respond) can sometimes invalidate an OFP.
Why Legal Representation Matters
Defending yourself against an OFP without legal guidance can be a costly mistake. An attorney can:
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Help you understand your rights
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Collect and present evidence on your behalf
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Cross-examine witnesses
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Craft a persuasive argument to the judge
Remember, even though an OFP is a civil matter, it can have long-term consequences on your job, housing, firearm rights, and parental access. Having experienced legal counsel on your side is critical.
Preparing for the Hearing
If an OFP hearing is scheduled, preparation is key:
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Stay calm and respectful during all proceedings.
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Gather documentation like emails, texts, call logs, or witness statements.
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Avoid contact with the petitioner, even if they initiate it. Violating the temporary OFP can land you in legal trouble.
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Be honest with your attorney and follow their advice closely.
We Can Help
At Martine Law, we understand the emotional and legal challenges that come with defending against an OFP. Our team will listen to your side of the story, build a strong case, and advocate fiercely for your rights in court.