Note: If you or someone you know is the victim of domestic violence, call the Minnesota Day One Crisis Hotline at 1-800-223-1111 or your local police.
Overview of Protective Orders in Minnesota
A Minnesota protective order (also called a restraining order) requires a named individual, such as a stalker or an abusive spouse, to stay a certain distance away from the petitioner (the person requesting protection) for up to one year. These orders may be extended if the court deems it appropriate. The petitioner alleging domestic abuse must file a sworn affidavit as to the specific circumstances requiring relief, and a hearing is held within 14 days (unless it's an emergency, or ex parte order).
How to File an Order of Protection in Minnesota
The Minnesota courts provide a number of official forms for use when filing orders of protection and other processes related domestic violence. The state judiciary's self help center also provides a section on laws, rules, and resources on domestic abuse and harassment. You may also want to speak with a family law attorney experienced in such matters.
Additional details about orders of protection in Minnesota can found in the following table. See FindLaw's Domestic Violence section for additional resources.
|Activity Addressed by Order||Enjoin contact; exclude from dwelling, work; regarding minors: temporary custody, visitation, support; counseling; restitution; continue payment of joint insurance coverage; issue property limitations.|
|Duration of Order||General: maximum 1 year, may be extended. Ex parte order: maximum 1 year|
|Penalty for a Violation of Order||Misdemeanor: minimum 3 days jail and counseling. Gross misdemeanor if convicted under certain laws, within 5 years: minimum 10 days and counseling; court may order $10,000 bond or 5 yrs. imprisonment, or both if repeat violation likely or if possessing a dangerous weapon|
|Who May Apply for Order||Any family or household member, a guardian, or regarding minors: a reputable adult age 25 or older as determined by the court, or minor on minor's own behalf if court determines minor has sufficient maturity|
|Can Fees Be Waived?||Yes; respondent may be directed to pay them|
|Order Transmission to Law Enforcement||Copy within 24 hours to local law enforcement agency with jurisdiction over the residence of the applicant|
|Civil Liability for Violation of Order||Yes, contempt of court|
Note: State laws are constantly changing -- contact a Minnesota criminal defense lawyer or domestic violence lawyer, or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
Minnesota Protective Order Laws: Related Resources
Have Questions About a Protective Order? Get Help From a Minnesota Attorney
Whether you are in need of a protective order or are subject to one, it's very important that you understand how they work. If you have additional questions related to the specifics of your situation, you may want to speak with an attorney. Get a free and confidential evaluation of your case today.
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