Introduction
An Order for Protection (OFP) in Minnesota is a court-issued legal tool meant to protect individuals from domestic violence, harassment, or threats. Once an OFP is in place, the restrained party must follow all conditions strictly. Violating the terms of a protective order is a serious criminal offense and can lead to arrest, jail time, fines, and more.
In this blog, we explain what constitutes a violation, the consequences you may face, and what to do if you’ve been accused of violating an OFP.
What Is an Order for Protection in Minnesota?
An Order for Protection is issued under Minnesota Statute § 518B.01 to prevent domestic abuse. It can include various restrictions, such as:
- No contact with the protected person (in person, phone, email, social media, etc.)
- Stay-away orders (from home, school, or workplace)
- Temporary custody or parenting time restrictions
- Orders to vacate the shared residence
- Prohibitions on firearm possession
A violation can occur when any of these terms are ignored, even if the contact seems minor or unintentional.
Resource: Minnesota Office of Justice Programs – OFP Information
What Counts as a Violation?
A violation occurs when the restrained person knowingly fails to comply with any part of the OFP. Common violations include:
- Sending a message through a third party
- Liking or commenting on social media posts
- Showing up at the protected person’s workplace or home
- Calling, texting, or emailing the protected individual
- Possessing firearms when prohibited
- Failing to move out of a shared home
Even if the protected party initiates contact, the restrained person is still legally responsible for following the order.
Criminal Penalties for Violating an OFP in Minnesota
Violating an OFP is considered a misdemeanor for a first offense, punishable by:
- Up to 90 days in jail
- Up to $1,000 in fines
However, if there are prior domestic violence-related convictions within the past 10 years, or if a firearm is used in the violation, the penalties increase significantly:
- Gross Misdemeanor: Up to 1 year in jail and a $3,000 fine
- Felony (repeat offenders or weapon involved): Up to 5 years in prison and $10,000 fine
The more serious the violation, the more aggressively prosecutors will pursue the case.
Civil Consequences
In addition to criminal penalties, violations can impact your civil rights and legal standing:
- Loss of custody or parenting time
- Eviction from a shared home
- Revocation of firearm rights
- Damage to your immigration status
- Employment consequences, especially in professions requiring background checks
Violating an OFP can also be used against you in ongoing family court proceedings such as custody or divorce.
What If the Protected Person Contacts You?
This is a common situation. Even if the protected individual reaches out, you must not respond unless the order is modified or terminated by the court.
Only the judge has the authority to change or cancel an OFP. Until then, responding to communication can still result in criminal charges.
What to Do If You’re Accused of a Violation
If you’re accused of violating an OFP, take the following steps:
- Do not make any further contact
- Contact a criminal defense attorney immediately
- Document any relevant communications or incidents
- Avoid discussing the matter on social media
- Attend all court hearings
At Martine Law, we have helped many clients defend themselves against alleged violations and mitigate the consequences.
Can You Defend Against a Violation Charge?
Yes. There are valid legal defenses, including:
- Lack of intent or knowledge of the order
- Mistaken identity
- The contact did not violate the specific terms
- Involuntary or accidental contact
- The protected party’s communication initiated confusion
Every case is different. An experienced attorney can evaluate whether your rights were violated or if law enforcement acted improperly during the arrest.
How Can an OFP Be Modified or Terminated?
If circumstances change, you may petition the court to modify or cancel the OFP. Valid reasons may include:
- Reconciliation with the protected party
- Lack of continuing threat or harm
- Compliance with all previous conditions
However, until a judge grants a modification, the original terms remain enforceable.
Why Legal Representation Matters
Violating a protective order in Minnesota can carry both immediate and long-term consequences. Whether you’re facing a first-time accusation or a more serious charge, you need skilled legal help to:
- Review the details of your case
- Protect your rights during police investigations
- Argue for dismissal or reduced charges
- Help restore your reputation and stability
Contact Martine Law for a confidential case review and let us stand with you every step of the way.