A Minnesota ex parte OFP can be issued without advance notice to the respondent. If the petitioner did not request a hearing, the served order must warn that a hearing will not occur unless the respondent requests one within five days of service. Read the actual papers immediately: other procedural paths may already include a scheduled hearing.
What does ex parte mean in an OFP case?
Ex parte means the court considers the request without first hearing from the other side. Under section 518B.01, subdivision 7, an application alleging an immediate and present danger of domestic abuse may support emergency relief. The order may restrict contact or access to a home before a contested hearing occurs.
An emergency order is consequential even though it was entered without both parties participating. It is not a criminal conviction, and it is not something to disregard while preparing a response.
When does the five-day request requirement apply?
Subdivision 7(c) governs the notice accompanying an ex parte order when the petitioner has not requested a hearing. It requires a hearing-request form and a conspicuous warning about requesting a hearing within five days of service. This is an OFP rule; do not substitute the different HRO hearing-request period.
Record when and how the papers were served. Ask court administration about the filing method and obtain legal advice immediately about computing the deadline, including weekends, holidays, or disputed service. Do not wait until the fifth day to start looking for help.
Is a hearing automatically scheduled in every case?
No. Subdivision 5 distinguishes among requests for limited emergency relief, requests for additional relief, and cases in which requested relief is denied. Some require a hearing; others require a party to request one. Check the actual notice for a date, courtroom or remote-access instructions, and filing requirements.
For the specified situation in subdivision 5(d), where an ex parte order grants only subdivision 7(a) relief and the respondent requests a hearing, the statute directs a hearing within ten days of the court’s receipt of the request. Service problems or authorized continuances can affect scheduling.
Does requesting a hearing suspend the restrictions?
No. A hearing request is not permission to resume contact or return to an excluded residence. Follow the signed order unless and until the court changes it or it expires according to law. An invitation from the petitioner is not a substitute for a court order.
If the restriction interferes with medication, work equipment, or another urgent need, ask counsel about requesting specific court-approved arrangements. Do not create your own exception.
What should you prepare after requesting a hearing?
- Keep a complete copy of the petition, affidavit, signed order, and service documents.
- Make a chronology of the alleged incidents and identify the facts you admit, dispute, or cannot verify.
- Preserve relevant original messages, recordings, and documents; identify witnesses with firsthand knowledge.
- Confirm exhibit deadlines, service requirements, accommodations, and whether attendance is remote or in person.
If there is also a criminal case, share both sets of documents with counsel. The civil hearing and criminal proceeding may require coordinated decisions about testimony and evidence.
What if the deadline may already have passed?
Get prompt advice rather than assuming the order disappeared or that all options are lost. Subdivision 7(f) preserves the right to seek modification under subdivision 11, but a modification request is not automatically the same as a timely initial hearing request. Counsel should review the service history, relief requested, and available procedure before choosing a filing.
Discuss your Minnesota OFP case with Martine Law
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Learn more about Minnesota orders for protection and what to do after being served with an OFP or HRO.
Legal information checked October 14, 2026. This article provides general Minnesota information, not advice for a particular case. The signed order, applicable law, and procedural history matter.
