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If you are in this situation anywhere in Minnesota, understanding how these cases connect is a necessary first step.
A petition for an order for protection must state whether there is a pending lawsuit, complaint, petition or other action between the parties under chapter 257, 518, 518A, 518B, or 518C, and the court may not delay granting relief because of the existence of a pending action between the parties.
What counts as domestic abuse under Minnesota law
Under Minn. Stat. 518B.01, subd. 2, ‘domestic abuse’ means physical harm, bodily injury, or assault; the infliction of fear of imminent physical harm, bodily injury, or assault; or terroristic threats, within the meaning of section 609.713, subdivision 1, if committed against a family or household member by a family or household member.
Under Minn. Stat. 518B.01, subd. 2, ‘family or household members’ includes spouses and former spouses, parents and children, persons related by blood, persons who have resided together, persons who have a child in common regardless of whether they have been married or have lived together at any time, and persons involved in a significant romantic or sexual relationship.
Where to file an OFP petition
Under Minn. Stat. 518B.01, subd. 3, an application for relief under the Domestic Abuse Act may be filed in the court having jurisdiction over dissolution actions, in the county of residence of either party, in the county in which a pending or completed family court proceeding involving the parties or their minor children was brought, or in the county in which the alleged domestic abuse occurred.
Source: Minn. Stat. 518B.01, subd. 3
What an OFP can do about children
An order for protection may award temporary custody or establish temporary parenting time with regard to minor children of the parties on a basis which gives primary consideration to the safety of the victim and the children, and the court may condition or restrict parenting time as to time, place, duration, or supervision, or deny parenting time entirely, as needed to guard the safety of the victim and the children.
Source: Minn. Stat. 518B.01, subd. 6(a)(4)
How long an OFP lasts
Any relief granted by an order for protection under Minn. Stat. 518B.01 shall be for a period not to exceed two years, except when the court determines a longer period is appropriate.
Under Minn. Stat. 518B.01, subd. 6a(c), relief granted by an order for protection may be for a period of up to 50 years if the court finds the respondent has violated a prior or existing order for protection on two or more occasions, or the petitioner has had two or more orders for protection in effect against the same respondent.
Source: Minn. Stat. 518B.01, subds. 6(b) and 6a(c)
Firearms and an OFP
An order for protection under Minn. Stat. 518B.01 shall prohibit the abusing party from possessing firearms for the length the order is in effect if the order restrains the abusing party from harassing, stalking, or threatening the petitioner or restrains the abusing party from engaging in other conduct that would place the petitioner in reasonable fear of bodily injury, and includes a finding that the abusing party represents a credible threat to the physical safety of the petitioner or prohibits the abusing party from using, attempting to use, or threatening to use physical force against the petitioner.
Source: Minn. Stat. 518B.01, subd. 6(g)
How an OFP interacts with a pending divorce
An order granting relief under Minn. Stat. 518B.01, subd. 6(a)(1) restraining an abusing party from committing acts of domestic abuse may not be vacated or modified in a proceeding for dissolution of marriage or legal separation, except that the court may hear a motion for modification of an order for protection concurrently with a proceeding for dissolution of marriage upon notice of motion and motion.
Under Minn. Stat. 518.131, subd. 2(c), a temporary order in a dissolution proceeding may not vacate or modify an order granted under section 518B.01, subdivision 6, paragraph (a), clause (1), restraining an abusing party from committing acts of domestic abuse, except that the court may hear a motion for modification of an order for protection concurrently with a proceeding for dissolution of marriage upon notice of motion and motion.
If a proceeding for dissolution of marriage or legal separation is pending between the parties, the court shall provide a copy of the order for protection to the court with jurisdiction over the dissolution or separation proceeding for inclusion in its file.
Source: Minn. Stat. 518B.01, subds. 6(c) and 6(e); Minn. Stat. 518.131, subd. 2(c)
How domestic abuse history affects custody
In a dissolution proceeding, the court may grant a temporary order that awards temporary custody and parenting time regarding the minor children of the parties, and must consider the child’s parenting time with each parent before the pending action commenced.
In evaluating the best interests of the child for custody and parenting time, the court must consider whether domestic abuse, as defined in section 518B.01, has occurred in the parents’ or either parent’s household or relationship, the nature and context of the domestic abuse, and the implications of the domestic abuse for parenting and for the child’s safety, well-being, and developmental needs.
Under Minn. Stat. 518.17, subd. 1(b)(9), there is a rebuttable presumption that joint legal custody or joint physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents.
Source: Minn. Stat. 518.17, subd. 1; Minn. Stat. 518.131, subd. 1(a)
How a criminal conviction affects custody and parenting time
Under Minn. Stat. 518.179, subd. 1, if a person seeking child custody or parenting time has been convicted of a crime described in subdivision 2 and the victim of the crime was a family or household member as defined in section 518B.01, subdivision 2, that person has the burden to prove by clear and convincing evidence that custody or parenting time is in the best interests of the child, and the court may not grant custody or parenting time unless it makes that finding.
Source: Minn. Stat. 518.179, subd. 1
Supervised parenting time and neutral exchanges
Under Minn. Stat. 518.175, subd. 1a(a), if a parent requests supervised parenting time and an order for protection under chapter 518B or a similar law of another state is in effect against the other parent to protect the parent with whom the child resides or the child, the judge or judicial officer must consider the order for protection in making a decision regarding parenting time.
Under Minn. Stat. 518.175, subd. 5(d), if there is an existing order for protection governing the parties, the court shall consider the use of an independent, neutral exchange location for parenting time.
Source: Minn. Stat. 518.175, subds. 1a(a) and 5(d)
Expedited hearings on parenting time
Under Minn. Stat. 518.131, subd. 11, a court must give priority to scheduling and holding an expedited hearing for temporary relief when a party credibly alleges that the party has been denied parenting time with a child for 14 consecutive days or more, and the court must hold the priority hearing within 30 days of the party’s request.
Under Minn. Stat. 518.131, subd. 11(c), a court must consider credible allegations of domestic abuse, substance abuse, maltreatment findings, or neglect as a reasonable basis for a party who has denied parenting time to the other party.
Source: Minn. Stat. 518.131, subd. 11
DANCOs and divorce: a separate order
Under Minn. Stat. 629.75, subd. 1(a), a domestic abuse no contact order is an order issued by a court against a defendant in a criminal proceeding for domestic abuse as defined in section 518B.01, subdivision 2, and may be issued as a pretrial order before final disposition of the underlying criminal case or as a postconviction probationary order.
Questions people ask about OFPs and Minnesota divorce
Can a divorce court cancel an order for protection?
An order granting relief under Minn. Stat. 518B.01, subd. 6(a)(1) restraining an abusing party from committing acts of domestic abuse may not be vacated or modified in a proceeding for dissolution of marriage or legal separation, except that the court may hear a motion for modification of an order for protection concurrently with a proceeding for dissolution of marriage upon notice of motion and motion.
Does an OFP automatically decide who gets custody?
In evaluating the best interests of the child for custody and parenting time, the court must consider whether domestic abuse, as defined in section 518B.01, has occurred in the parents’ or either parent’s household or relationship, the nature and context of the domestic abuse, and the implications of the domestic abuse for parenting and for the child’s safety, well-being, and developmental needs. Under Minn. Stat. 518.17, subd. 1(b)(9), there is a rebuttable presumption that joint legal custody or joint physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents.
What if I have been denied parenting time for two weeks or more?
Under Minn. Stat. 518.131, subd. 11, a court must give priority to scheduling and holding an expedited hearing for temporary relief when a party credibly alleges that the party has been denied parenting time with a child for 14 consecutive days or more, and the court must hold the priority hearing within 30 days of the party’s request.
Will a domestic abuse allegation affect how the judge weighs joint custody?
Under Minn. Stat. 518.17, subd. 1(b)(9), there is a rebuttable presumption that joint legal custody or joint physical custody is not in the best interests of the child if domestic abuse, as defined in section 518B.01, has occurred between the parents.
Can the court require a neutral drop-off location if there is an OFP?
Under Minn. Stat. 518.175, subd. 5(d), if there is an existing order for protection governing the parties, the court shall consider the use of an independent, neutral exchange location for parenting time.
Does a criminal conviction affect my custody rights?
Under Minn. Stat. 518.179, subd. 1, if a person seeking child custody or parenting time has been convicted of a crime described in subdivision 2 and the victim of the crime was a family or household member as defined in section 518B.01, subdivision 2, that person has the burden to prove by clear and convincing evidence that custody or parenting time is in the best interests of the child, and the court may not grant custody or parenting time unless it makes that finding.
What is a DANCO and how is it different from an OFP?
Under Minn. Stat. 629.75, subd. 1(a), a domestic abuse no contact order is an order issued by a court against a defendant in a criminal proceeding for domestic abuse as defined in section 518B.01, subdivision 2, and may be issued as a pretrial order before final disposition of the underlying criminal case or as a postconviction probationary order.
Where can I file for an OFP if a divorce is already pending?
Under Minn. Stat. 518B.01, subd. 3, an application for relief under the Domestic Abuse Act may be filed in the court having jurisdiction over dissolution actions, in the county of residence of either party, in the county in which a pending or completed family court proceeding involving the parties or their minor children was brought, or in the county in which the alleged domestic abuse occurred.
Talk with Martine Law about your Minnesota divorce and OFP case
These cases move on their own schedules, and decisions made early can shape what happens later. Martine Law handles divorce and OFP matters across Minnesota. Call for a confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.
For an overview of the law and how we help, see our Minnesota orders for protection and harassment restraining orders page.
