Being served with an Order for Protection (OFP) in Minnesota can feel shocking and overwhelming. One day you’re trying to resolve a personal issue; the next, you’re legally barred from seeing your partner, entering your home, or contacting your children.
If your partner has filed an OFP against you, it’s critical to understand what this means, what happens next, and — most importantly — how to fight it effectively to protect your rights, your reputation, and your future.
Contact a lawyer today.
What an Order for Protection (OFP) means in Minnesota
An Order for Protection is a civil court order authorized by Minn. Stat. § 518B.01 under the Minnesota Domestic Abuse Act. It is designed to protect someone who claims to have been abused, threatened, or harmed by a family or household member.
Family or household members include:
- 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
An OFP can order you to:
- Stay away from the petitioner (the person who filed).
- Leave your shared home, even if your name is on the lease or mortgage.
- Stop all contact — in person, online, by phone, or through others.
- Stay away from their workplace, school, or daycare.
- Surrender any firearms.
- Temporarily lose parenting time or child custody.
Even though OFPs are civil orders, violating one is a crime and can lead to arrest and criminal charges.
For more background on domestic abuse laws, see Martine Law’s domestic violence defense page.
Step 1: Read the order carefully
If you’ve been served with an OFP, the first thing you should do is read it in full. The order will tell you:
- What specific restrictions are in place,
- Whether there is a hearing scheduled, and
- Whether the order is temporary (ex parte) or already long-term.
Never ignore or violate the order, even if you believe it’s false. Violating an OFP can result in immediate arrest and additional charges, even before your hearing.
Step 2: Understand the difference between temporary and final OFPs
There are two main types of OFPs in Minnesota:
1. Ex Parte (Emergency) Order
An ex parte order is issued without your knowledge or input — often the same day your partner files. The judge can grant temporary protection if they believe there’s an immediate danger.
You’ll be served with this order and given a hearing date (usually within 7–14 days).
2. Long-Term OFP
After the hearing, if the judge believes abuse occurred or may occur again, they can issue a final order lasting up to 2 years, and sometimes longer.
You have the right to challenge the allegations before any long-term order is issued.
Step 3: Prepare your defense before the hearing
Once you’re served, the clock starts ticking. You’ll need to prepare your defense quickly to show the court that the allegations are false, exaggerated, or lack evidence.
Key ways to defend against an OFP:
- Show that no abuse occurred.
Present evidence that contradicts your partner’s claims — such as texts, emails, or witness statements that show no threats or violence occurred. - Challenge credibility.
Point out inconsistencies between your partner’s petition, prior statements, or police reports. If they’ve exaggerated or fabricated events, highlight that clearly. - Provide evidence of your conduct.
If you have messages showing calm communication, cooperation with parenting, or efforts to de-escalate conflict, bring those to your attorney. - Show motive for false accusations.
In some cases, OFPs are misused during divorce or custody disputes to gain leverage. If that’s relevant, your lawyer can raise it respectfully and factually. - Provide witnesses.
Friends, neighbors, coworkers, or family members who were present or aware of your relationship dynamics can testify or write statements supporting your version of events. - Stay calm and respectful.
Judges look for signs of credibility and control. Remaining composed in court helps show that you are not a threat.
Your attorney can subpoena records, call witnesses, and cross-examine your accuser if needed.
Step 4: Attend your hearing — don’t skip it
If you do not appear at your hearing, the court can issue a long-term OFP by default, even if the allegations are false.
At the hearing, both sides present evidence. The judge decides whether the petitioner met the legal standard of “domestic abuse” — which includes physical harm, threats of harm, or fear of imminent harm.
If the court finds that the allegations are unproven or lack evidence, your attorney can request that the petition be dismissed entirely.
Step 5: Follow the order until it’s changed or dismissed
Even if the order is unfair or based on false claims, you must obey it until the court modifies or ends it. Violating an OFP is a criminal offense under Minn. Stat. § 518B.01, subd. 14, punishable by jail time and fines.
If your partner contacts you first — do not respond. Document the contact and notify your attorney immediately.
Once the order is lifted or expires, you can begin restoring contact legally through family or civil court processes.
What happens if an OFP is granted?
If the judge grants a final OFP, it may:
- Last up to 2 years, or longer in repeat cases.
- Affect your child custody and visitation rights.
- Limit your ability to possess firearms.
- Appear on background checks, affecting employment or housing opportunities.
However, your attorney can later request to modify or terminate the order if circumstances change — for example, if you complete counseling, comply fully, or if the petitioner requests dismissal.
How Martine Law can help
Fighting an OFP requires careful preparation and a strategic defense. At Martine Law, our Minnesota attorneys handle both domestic violence defense and family law matters — giving you an advantage in cases where protection orders intersect with custody or divorce.
We can:
- Review the allegations and evidence against you.
- Gather proof that supports your side of the story.
- Represent you at the hearing and cross-examine the petitioner.
- Work to prevent the OFP from turning into a long-term order.
- Protect your parental rights and criminal record.
Our goal is to ensure that your voice is heard — and that one false or exaggerated claim doesn’t define your future.
Contact Martine Law today for a confidential consultation.
Key takeaways
- You can fight an Order for Protection in Minnesota by presenting evidence, witnesses, and testimony at your court hearing.
- Never violate an OFP — even if it feels unfair. Obey the order until the court modifies or dismisses it.
- Temporary (ex parte) OFPs can be challenged at the scheduled hearing, where both sides present evidence.
An experienced attorney can help expose false claims, protect your parental rights, and prevent long-term consequences.
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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.