Facing a domestic violence charge in Minnesota can bring immediate and life-altering consequences—including the possibility of being forced to leave your home. For many, this question comes up quickly: “Do I have to move out if I’ve been charged with domestic violence?”
The answer depends on several factors, including whether a protective order (also called an OFP) has been issued, who owns or leases the property, and what conditions the court has imposed. In this post, we’ll break down the circumstances that may require you to vacate your home and what you can do to protect your rights.
Immediate Consequences of a Domestic Violence Arrest
In Minnesota, if you’re arrested for domestic assault, the police may hold you in custody for 36 hours (excluding weekends and holidays). During this time, a judge may review your case and impose certain conditions of release—including an order not to return to the shared residence.
Even if you haven’t been convicted, the court may still restrict your access to the home to ensure the alleged victim’s safety. This can happen as early as your first court appearance (arraignment).
Orders for Protection (OFPs) and Removal from the Home
The most common reason someone must move out after a domestic violence charge is the issuance of an Order for Protection (OFP). This civil court order is designed to prevent contact between the alleged abuser and the alleged victim.
If the court grants an OFP, it can include provisions that:
- Prohibit contact with the alleged victim
- Forbid you from being within a certain distance of their home or workplace
- Require you to vacate the shared residence, even if it’s your legal property
The alleged victim can request this order independently of any criminal proceedings, and the court can issue it without a hearing in emergency situations (ex parte order).
Learn more about OFPs and their impact on your case:
➡️ Domestic Violence Attorney – Martine Law
What If the Home Is in Your Name?
Even if you are the legal owner or leaseholder of the home, the court can still order you to leave temporarily if there’s an OFP or conditions of release. In Minnesota, the court’s priority is protecting the safety of the alleged victim and any children involved.
Violating an OFP or no-contact condition can result in additional criminal charges, jail time, and harm to your existing case.
Can I Challenge an OFP That Requires Me to Leave?
Yes. You have the right to request a hearing to challenge an Order for Protection. At this hearing, you and your attorney can:
- Present evidence
- Cross-examine the petitioner
- Argue against the need for exclusion from the home
If you believe the allegations are false or exaggerated, or that being removed from your home is unfair, this is your opportunity to contest it. However, until the order is lifted or modified, you must comply to avoid further legal consequences.
What If There’s No OFP or No-Contact Order?
If no protective order or specific release condition is in place, and there’s no immediate risk to the alleged victim, you may not be legally required to move out. However, law enforcement or the court could still advise temporary separation depending on the situation.
Even without formal restrictions, returning to the shared residence after a domestic violence charge can complicate your legal case or inflame tensions. It’s wise to discuss your options with a criminal defense attorney first.
What Happens If You Violate an Order to Leave?
Violating an Order for Protection or release condition is a separate criminal offense in Minnesota. You could be charged with a misdemeanor or even a gross misdemeanor depending on the circumstances.
Common violations include:
- Returning to the home
- Communicating with the alleged victim through texts or third parties
- Staying nearby (within restricted distance zones)
Penalties may include:
- Jail time
- Increased bail
- Additional charges
- A stronger case for the prosecution
If you’ve been accused of a violation, contact a defense attorney immediately to mitigate the damage.
How Martine Law Can Help
At Martine Law, we’ve defended hundreds of clients facing domestic violence charges in Minnesota. We understand the urgency and emotional toll these situations create—especially when your home and family life are at stake.
We can help by:
- Defending you against false or exaggerated allegations
- Challenging unjust OFPs
- Negotiating to modify no-contact conditions
- Fighting to protect your rights, property, and future
Contact us today for a confidential consultation.