OFP vs. HRO: Understanding The Key Differences in Minnesota

When it comes to personal safety and legal protection in Minnesota, two common court orders are often mentioned: Orders for Protection (OFPs) and Harassment Restraining Orders (HROs). While they may sound similar, these orders serve different purposes, apply to different types of relationships, and follow different legal procedures.

At Martine Law, we believe that understanding the distinctions between these orders is essential—whether you’re seeking protection or responding to a petition. Here’s a breakdown of the key differences between OFPs and HROs in Minnesota.

1. What Is an OFP (Order for Protection)?

An Order for Protection is a legal order issued under the Minnesota Domestic Abuse Act. It is specifically designed to protect individuals who have experienced domestic abuse by a family or household member.

Who Can File for an OFP?

You can file for an OFP if the respondent is:

• A spouse or former spouse

• A blood relative

• Someone with whom you live or used to live

• Someone you share a child with

• A current or former romantic or sexual partner

What Does an OFP Protect Against?

OFPs address domestic abuse, which includes:

• Physical harm

• Threats of harm

• Fear of imminent physical harm

• Criminal sexual conduct

• Interference with emergency calls

Relief Available in an OFP:

• No-contact orders

• Exclusion from your home

• Temporary custody or parenting time restrictions

• Counseling or treatment requirements for the abuser

2. What Is an HRO (Harassment Restraining Order)?

An Harassment Restraining Order is a broader legal tool used to prevent unwanted behavior that falls under the legal definition of harassment. It does not require any specific relationship between the parties.

Who Can File for an HRO?

Anyone can file an HRO against any other person, including strangers, neighbors, co-workers, or acquaintances.

What Qualifies as Harassment?

Harassment may include:

• Repeated, unwanted contact (calls, messages, stalking)

• Targeted residential picketing

• Physical or sexual assaults

• Distributing private images without consent (revenge porn)

• Cyberstalking or repeated online harassment

Relief Available in an HRO:

• No-contact provisions

• Restrictions on being near your home, school, or workplace

• Prohibition from harassment in any form (including electronic)

3. Key Differences at a Glance

4. Procedure & Process

Filing: Both orders start with a petition filed at the courthouse or online.

Temporary Relief: A judge may issue a temporary order without a hearing if there’s immediate danger (called an “ex parte” order for OFPs and a temporary restraining order for HROs).

Hearing: If contested, a hearing will be scheduled, where both sides can present evidence and testimony.

Enforcement: Violating either order is a criminal offense in Minnesota and may result in arrest or additional charges.

5. When to Choose an OFP vs. an HRO

Choose an OFP if:

• The abuse involves someone close to you (spouse, partner, family)

• You’ve experienced or fear domestic violence

Choose an HRO if:

• You’re being stalked or harassed by someone outside your household or family

• The behavior doesn’t meet the definition of domestic abuse but is still harmful and persistent

Final Thoughts

Whether you’re seeking protection or responding to a petition, understanding your rights is the first step toward safety and justice. OFPs and HROs are powerful legal tools, but they must be used properly, and with experienced legal guidance.

At Martine Law, we help Minnesotans navigate both OFP vs. HRO cases with compassion, strategy, and strength. If you need help protecting yourself or responding to an order, don’t go it alone.

Contact our office for a confidential consultation.