Protective orders in Minnesota, including Orders for Protection (OFP) and Harassment Restraining Orders (HRO), play a major role in family law cases, especially divorces. These orders are meant to ensure safety for victims of domestic abuse or harassment. However, when an OFP or HRO becomes part of a divorce, it can also affect child custody, property division, and even spousal support.
If you or your spouse has a protective order in place during a divorce, it’s important to understand how it impacts your rights and responsibilities under Minnesota law. The law around protective orders can be complex, and even small mistakes can have serious consequences in court. At Martine Law, our experienced Minnesota family law attorneys help clients navigate the emotional and legal challenges of divorces involving protective orders.
Contact Martine Law today to protect your safety and your legal rights.
What Are Protective Orders in Minnesota?
Protective orders are court-issued documents that restrict one person from contacting or approaching another. In Minnesota, the two most common types are:
- Order for Protection (OFP): Usually issued in cases of domestic abuse involving family or household members.
- Harassment Restraining Order (HRO): Designed for cases involving harassment, even when the parties are not related or living together.
Both orders are governed by Minnesota Statutes Chapter 518B and can include restrictions like:
- No contact through calls, texts, or social media.
- No physical proximity, such as staying a certain distance away.
- Exclusive use of the family home or vehicle.
- Temporary custody or parenting restrictions.
You can read more about the specific Minnesota statutes at the Minnesota Revisor of Statutes website.
How Protective Orders Affect a Minnesota Divorce
Protective orders often influence several areas of a divorce, especially when there are allegations of abuse or harassment.
1. Impact on Child Custody and Parenting Time
An OFP or HRO can have a direct effect on child custody arrangements. If a court finds evidence of domestic abuse, it may limit or restrict the abusive parent’s access to the children. The court’s priority is the child’s safety, and supervised visitation may be ordered instead of joint custody.
Judges consider protective orders as evidence of a potential threat to the child’s well-being. Even if an OFP was temporary or based on false claims, it can still influence custody decisions unless properly addressed through legal representation.
2. Influence on Property Division
Protective orders can also affect how property and finances are divided. If one spouse has exclusive possession of the marital home due to an OFP, that spouse may continue living there until the divorce is finalized. However, the long-term division of assets still follows Minnesota’s equitable distribution law.
Learn more about property division and how Minnesota courts handle it here.
3. Effect on Spousal Support and Communication
When an OFP or HRO limits communication between spouses, it can make discussions about divorce settlements or mediation challenging. Attorneys or court-approved mediators may need to handle communication.
Additionally, allegations of abuse can influence spousal maintenance decisions, as judges may consider the emotional or physical harm caused during the marriage.
What Should You Do If There’s a Protective Order in Your Divorce?
If you are involved in a Minnesota divorce that includes an OFP or HRO, you need to take specific steps to protect your case and your safety.
1. Follow All Court Orders Strictly
Never violate the terms of a protective order, even if your spouse initiates contact. Violating an OFP or HRO can result in criminal charges under Minnesota Statutes 518B.01 and could seriously harm your divorce case.
If you face accusations of violating an order, contact a Minnesota criminal defense attorney immediately to protect your record and legal rights.
2. Consult an Experienced Family Law Attorney
Having a lawyer familiar with both family law and criminal defense is vital in these cases. A misunderstanding in one case can easily affect the other.
At Martine Law, our attorneys understand how protective orders and divorce intersect, and we handle both sides of the process with care and precision.
3. Prepare and Present Strong Evidence
If the protective order is based on false or exaggerated claims, your attorney can help you gather evidence, witnesses, and communication records to challenge it.
The court relies on facts, not assumptions. Proper documentation can help the judge see the full picture.
Learn What Happens If You Violate an Order for Protection in Minnesota?
How Long Do Protective Orders Last in Minnesota?
Protective orders can last from a few weeks to several years, depending on the situation.
- Temporary OFPs or HROs: Issued immediately and typically last up to two years.
- Extended Orders: May last longer if the court finds ongoing threats or repeated violations.
You can find more information about filing and renewing these orders through the Minnesota Judicial Branch website.
If an order expires during your divorce, your attorney can guide you on whether to request an extension or modification, depending on the case’s circumstances.
Do You Need a Lawyer for a Protective Order in a Minnesota Divorce?
You can technically handle a protective order or divorce on your own, but it’s not recommended. The process involves detailed legal filings, hearings, and potential criminal implications. A skilled lawyer can help you:
- File or respond to an OFP or HRO.
- Protect your parental rights.
- Manage communications during divorce safely.
- Prevent misunderstandings that could lead to violations or contempt of court.
The attorneys at Martine Law provide both compassionate guidance and strong legal protection. You deserve a fair process, and we’re here to ensure your voice is heard.
Key Takeaways
- Protective orders like OFPs and HROs are serious and can affect your divorce outcome.
- They can influence custody, property division, and communication between spouses.
- Violating these orders can lead to criminal charges and damage your case.
- Always work with an experienced Minnesota family law attorney who understands both family and criminal law implications.
Dealing with a protective order during a divorce can feel overwhelming, but you don’t have to face it alone.
Contact Martine Law or call +1 (612) 979-1305 to get personalized help today. Our local Minnesota lawyers are ready to protect your future and guide you through every step.