In Minnesota, an Order for Protection (OFP) is a powerful legal tool designed to prevent domestic abuse and ensure the safety of those affected. Whether you’re seeking an OFP or responding to one, understanding the OFP process is critical.
At Martine Law, we help both petitioners and respondents navigate the court system with clarity and confidence. Here’s a comprehensive guide to what you can expect from start to finish.
What Is an Order for Protection (OFP)?
An OFP is a court order intended to protect a person from domestic abuse by a family or household member. This includes physical harm, threats, or fear of immediate harm. It may restrict contact, require the abuser to move out, or grant temporary custody of children.
For Petitioners: How to File an OFP
Step 1: Complete the Paperwork
Petitioners start by filing a petition in district court, usually in the county where either party lives. The paperwork includes:
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A sworn affidavit detailing the abuse
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Requested protections (e.g., no contact, custody, firearm restrictions)
Step 2: Temporary (Ex Parte) OFP
A judge may issue a temporary OFP without a hearing if there’s immediate danger. This offers short-term protection until a court hearing can be held.
Step 3: Serve the Respondent
Law enforcement typically serves the respondent with the petition, temporary OFP (if granted), and notice of the hearing.
Step 4: Attend the Hearing
Both parties attend the court hearing, usually within 14 days. You’ll have the opportunity to present evidence and testimony. It’s strongly recommended to have an attorney represent you.
Step 5: Final OFP Issuance
If the judge finds that abuse occurred, they may issue a final OFP lasting up to two years (or longer if needed). The order may:
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Prohibit contact
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Award temporary custody
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Require the respondent to attend counseling
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Restrict firearm possession
For Respondents: What to Expect
Being served with an OFP can be overwhelming. It’s important to understand your rights and respond appropriately.
Step 1: Read the OFP Carefully
Understand the restrictions and hearing date. Violating a temporary OFP can lead to criminal charges.
Step 2: Contact an Attorney
Don’t go it alone—OFPs carry serious legal and personal consequences, especially if child custody or firearms are involved. We can help.
Step 3: Prepare for the Hearing
Gather any evidence, witnesses, or records that support your case. Your lawyer can help you build a defense or negotiate terms.
Step 4: Attend the Hearing
Missing your hearing could result in the OFP being granted by default. At the hearing, both parties can testify and present their case.
Step 5: Comply with the Final Order
If a final OFP is issued, follow it strictly. Violations are a misdemeanor (or felony in some cases) and may impact custody or employment.
Enforcement and Modification
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Violations: Any violation of an OFP should be reported to law enforcement immediately. Criminal penalties can apply.
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Modifications: Either party can request a change to the order, but must show a significant change in circumstances.
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Expiration: Most OFPs expire after two years unless extended. You can file to renew before expiration.
Know Your Rights, Protect Your Future
Whether you’re seeking safety through an OFP or defending yourself against one, Martine Law is here to help. Our experienced attorneys understand the emotional and legal complexity of these cases and will advocate for your rights at every step.