Can I file for an Order for Protection (OFP) Online in Minnesota
In Minnesota, yes you can apply for an Order for Protection (OFP) online. You need to prepare and file the standard forms with your county court, inform the other party, attend a hearing, and present evidence to support the request for the order.
An Order for Protection (OFP) is a last warning for those abusing spouses, partners, cohabitating individuals, family members, and intimate or dating relationships, regardless of living arrangements. It requires the abuse to stop and the abuser to stay away and not contact the victims, or face criminal charges and jail time.
Domestic abuse happens when a family or household member causes physical harm, bodily injury, or assault, or makes you fear imminent physical harm, bodily injury, or assault. It also includes terroristic threats, criminal sexual conduct, sexual extortion, and interference with an emergency call.
These orders have a fixed duration but can be extended if the threat persists.
Protective orders serve as a crucial tool in breaking the cycle of abuse and reclaiming control over one’s life. They offer a sense of security and support for individuals navigating difficult situations of domestic violence.
Different types of Restraining Orders apply in situations of domestic violence, stalking, harassment, or situations where there is a credible threat to an individual’s safety.
If a person believes their situation qualifies for an Order for Protection (OFP) as defined in Minnesota Statutes, they can apply for one.
Step 1: Does my situation remotely resemble what’s needed for an Order for Protection (OFP)?
Criteria for Order for Protection (OFP)
In Minnesota, domestic abuse is legally defined under the Domestic Abuse Act (Minnesota Statutes Section 518B.01). According to this statute, domestic abuse encompasses specific acts committed by one family or household member against another. These acts include:
Physical Harm, Bodily Injury, or Assault: Any act that causes physical injury or pain.
Infliction of Fear of Imminent Physical Harm, Bodily Injury, or Assault: Actions or threats that make another person reasonably fear immediate physical harm.
Additionally, the statute specifies that domestic abuse can also involve:
Terroristic Threats: Threatening to commit a crime of violence with the intent to terrorize another.
Criminal Sexual Conduct: Engaging in sexual acts without consent.
Interference with an Emergency Call: Intentionally preventing or interfering with someone attempting to make an emergency call.
These definitions are outlined in Minnesota Statutes Section 518B.01, Subdivision 2.
Qualifying Relationships for Domestic Violence
1. Spouse: A spouse or former spouse such as husband or wife.
2. Lived together: Persons who are presently residing together or have resided together in the past.
3. Romantic Relationship: Persons involved in a significant romantic or sexual relationship including same-sex couples.
4. Coparent: Parents of the same child.
5. Persons related by blood: Parents, children, stepparents, and stepchildren. Siblings, grandparents, and grandchildren.
What if I am Under 18 years of Age
Yes, a person under 18 can get an Order for Protection (OFP) in Minnesota, but there are specific rules about who can file:
- Minors 16 and Older: A minor age 16 or 17 can file on their own against someone they are married to, were married to, or have a child with, if the judge finds that they have sufficient maturity and judgment and that it is in their best interest.
- All Other Minors: A family or household member, a parent or guardian, or, if the judge finds it is in the minor’s best interest, a reputable adult age 25 or older must file on their behalf.
These rules are in Minnesota Statutes § 518B.01, subdivision 4, which provides protections for victims of domestic abuse, including minors.
What if the abuser lives out of Minnesota
Yes, you can file for an Order for Protection (OFP) in Minnesota even if the abuser lives in another state. Minnesota courts have jurisdiction over the case if:
- The abuse occurred in Minnesota, even if the abuser is out of state.
- You live in Minnesota, and the abuse has had an ongoing effect on you there.
- The court determines it has personal jurisdiction over the abuser based on their past contacts with the state.
If the abuser is out of state, serving them the order may require coordination with law enforcement or legal authorities in their state.
Situation Examples
Example 1: Husband is sexually and verbally abusive, and controlling
My husband doesn’t allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex every day for nearly two decades now. He verbally abuses me by calling me a whore if I don’t sleep with him. During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threatened me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities. For about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully. Oftentimes I feel that if I resist, or decline his advances that my reputation, our property, or even my life will be in danger. I feel little, humiliated and disgusted with myself.
Example 2: Boyfriend blackmails and destroys property to control and induce fear
Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, “if you mess with me, I’ll retaliate,” was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael’s behavior becomes particularly alarming when he is under the influence of drugs.
Example 3: Ex-boyfriend stalks
Jenna’s ex-boyfriend who earlier lived with Jenna, now shows up at Jenna’s work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.
Different types of Civil Protection Orders apply to different situations
The situations are:
Order for Protection (OFP) Specifically addresses situations involving domestic abuse.
Harassment Restraining Order (HRO) Designed to protect individuals from harassment or stalking behavior
Extreme Risk Protection Order (ERPO) Temporarily ban firearms from individuals, typically facing mental health problems, who pose a significant danger to themselves or others.
This website simplifies the process of creating the court forms and filing them for all types of Protective Orders. You can also just explore the process privately.
1. Take Screening
Select the specific protection order you want to file for. Then answer a few questions to determine your eligibility.
2. Prepare Documents for Order for Protection (OFP)
Prepare the main set of your court documents by covering one topic at a time presented in simple language, and from any device. Then digitally sign without the need to print or re-scan the documents.
3. Consult Local Nonprofit (Optional)
Depending on your location, our website may allow you to make an appointment with your local and independent (no connection to this website) trusted and free victim advocacy nonprofits. These are typically funded by the Federal Government to assist the needy with legal process. The advocate can assist you with certain aspects of the case and safety planning. They can review your case documents, and talk to you directly to discuss your case.
4. File for Order for Protection (OFP) Online
This website simplifies the filing to a couple of clicks, and you get follow-up notifications from the court. You also have the option to download and print the PDF files and file in person.
Gather Evidence
The first step is to gather the evidence to support your case i.e. what proof do you need for an Order for Protection (OFP) in Minnesota. The following are examples to help you organize, though anything that supports your claims can be used.
Criminal Case
A criminal case in progress shows that the prosecutor also found evidence of the abuse or crimes and therefore supports your claims.
Photos
Photos of violence, injuries, damage
Messages
Printouts of messages, emails or transcripts of voicemail
911 Calls
For each call document the #, date, time, caller, callee details
Medical Records
Documentation of any medical emergencies or injuries or treatments resulting from the abuser’s violence.
Police Report
Police reports filed against abuser for domestic violence.
Testimony
A testimony from a witness who can be a family member, neighbor, co-worker or a bystander, either in writing or in person at the hearing, describing the incidents witnessed.
Step 2: Get a copy of court forms
In order to apply for an Order for Protection (OFP), you need to fill out and submit a specific set of official Minnesota court forms. These have questions aimed at understanding your situation and the people involved.
These forms are available through the Minnesota Judicial Branch and are essential for the court to process your request. Here are the primary forms you may need:
- Petition for Order for Protection (OFP102): This is the primary form where you detail the abuse and specify the protections you’re seeking.
- Law Enforcement Information Sheet (OFP105): This form provides law enforcement with necessary information to enforce the order.
- Petitioner’s Request to Keep Address/Phone Confidential (OFP107-P): If you need to keep your contact information confidential for safety reasons, this form allows you to request that.
These forms correspond to different stages and types of protective orders, including ex parte (temporary) and final orders. It’s important to select the appropriate form based on your specific situation.
For detailed instructions and to access these forms, you can visit the Minnesota Judicial Branch. Additionally, consulting with a legal professional or a local domestic violence advocacy group can provide guidance tailored to your circumstances.
Step 3: File with the County’s Court
Filing is the process which means the following steps
- Formally submitting the case documents at the court with the office of the clerk
- The clerk reviews and verifies the correctness of forms and completeness of the required info
- Clerk enters the case in the court database, stamps the documents and assigns a case #
County (Venue)
You can file for an Order for Protection (OFP) in the county where you live, the county where the respondent lives, the county where the abuse happened, or a county where there is a pending or completed family court case (such as a divorce or custody case) involving you and the respondent or your minor children. Minnesota has no residency requirement for an OFP petition.
Determine the Court
In Minnesota, you can file for an Order for Protection (OFP) by filing with court administration in the county where you or the respondent (the person you’re seeking protection from) resides, or where the abuse occurred.
Identify the methods of Filing
Method # 1: In Person by visiting the courthouse
Your court location would accept the forms submitted in person during court hours.
Tip: All courts have lunch hours when they are closed for an hour
When you submit your case documents at the court, typically you take 3 copies.
The clerk reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.
Method # 2: E-file online
This is the most efficient option if you have an e-mail address and some basic computer skills like registering an account, and uploading PDF files.
Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit.
You may be required to pay some online service fees.
Method # 3: Via another person
Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.
Step 4: Judge Sets Hearing, Grant/Deny Order for Protection (OFP)
A judge reviews the case offline and then you will be notified by the court about the outcomes which are:
- Ex Parte Order for Protection Granted
- Ex Parte Order for Protection Denied
In addition the Judge may set a hearing. If the case doesn’t have sufficient evidence it might be dismissed without even a hearing.
The ex parte order (if issued) takes effect immediately and is valid until the hearing. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing to provide you with legal protection.
Step 5: Serve a set of Stamped Case Forms including Hearing Notice to Abuser
Whenever one party initiates an Order for Protection (OFP) it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent.
Under Minnesota law there are multiple ways in which the other party can be served.
You cannot serve your papers yourself.
Option 1: Ask the Sheriff (FREE)
A sheriff can serve the opposing party for you which is a big help. This service is offered for FREE. To ask the sheriff to serve your papers, you must have an address or location for the other side (the respondent). If the other side is in jail, the sheriff can serve them. If the other side is in prison in Minnesota, prison staff, not the sheriff, will serve your papers.
Option 2: Ask a friend, relative or any adult (FREE)
You ask someone you know to be your server
- 18 or over, and
- not part of your case
Think about safety when choosing your server.
Option 3: Hire a courier for legal papers (Process Server)
You can also hire a courier called a professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example. An example is ABC Legal Services.
You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.
Step 6: Present Evidence in a Court Hearing
Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full Order for Protection (OFP) is issued. At this point it becomes a crime for the abuser to break the conditions of the Order for Protection (OFP).
Step 7: Collect the Final Order
After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is valid for a fixed period of up to two years, unless the judge finds a longer period is appropriate.
Costs – How much does it cost to get an Order for Protection (OFP)
The costs for an Order for Protection (OFP) are:
- FREE forms: You can get the court forms for free, or prepare them using the guided experience below.
- FREE filing: There are no fees for filing in person. Online filing platforms may charge e-filing fees.
- FREE Serving the other party
How long does it take to get an Order for Protection (OFP) from filing?
You can get a temporary protection order the same day as you file.
Courts can have a cutoff of around 2 p.m. for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.
Courts are generally open Monday-Friday and closed on Saturday-Sunday.
The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled within 2 weeks of filing.
At the hearing a formal order may be issued.
Is an Order for Protection (OFP) helpful?
The purpose of an Order for Protection (OFP) is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.
The specific terms of an Order for Protection (OFP) can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.
Typically, an Order for Protection (OFP) may prohibit the respondent from
- Approaching or contacting the petitioner including via text or social media
- Staying away from the usual places petitioner is at such as home, work or school
- Prohibit stalking, or surveillance of any kind
- In situations where they lived together, provide custody or access to
- Children
- Pets
- Important documents
- Personal items such as clothes, medications, cell phones
- Cars
- Extending the protections to others living with the petitioner
Research findings on benefits of protective orders
Here are the top three findings from a study on domestic violence and protective orders from the University of New Hampshire
Reduce Violence
Protective Orders are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.
Cost Effective
They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.
Urban Vs. Rural
The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, protective orders hold greater importance.
Risks of an Order for Protection (OFP)
It is conceivable that following the submission of an Order for Protection (OFP), the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.
The response of your abuser after the filing of a protection order is unpredictable. While an Order for Protection (OFP) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.
Despite the safeguards intended by an OFP, abusers may retaliate through various means, such as:
- Physical assault or violence
- Harming or taking away children
- Damaging jointly owned property
- Disregarding the order and persisting with threats, possibly through intermediaries
- Inflicting harm or causing harm to pets
- Harassing your loved ones for information
- Engaging in stalking behavior
- Initiating a retaliatory Order for Protection (OFP) against you
- Spreading false information about you in court documents, online, or publicly
Following the submission of an Order for Protection (OFP), it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.
WHAT RESTRICTIONS CAN YOU ASK THE JUDGE FOR
Here are the typical restrictions placed on the abuser via the Order for Protection (OFP).
Stay Away From You
Abuser would have to stay at least 100 yards away from you, your children and locations you request such as your work
Not To Contact You
Not to contact you via phone or text or mutual friends
Not Stalk You
Not stalk you or your loved ones, including your accounts on Facebook or other social media
Hand Over A Car
Get access to cars held by the abuser
Vacate The Shared Residence
The respondent can be asked to vacate the shared residence. You can also request help from police to kick them out.
Handover Passport, Cell Phone, Medications Etc.
You can ask for your personal items such as passport, medications, clothes. This would be applicable if you were living together up to now.
Don’t Post Intimate Images
Take down, delete, and do not distribute intimate images of a protected person
Restrict Abusive Litigation
This is to prevent the misuse of the legal system to harass, intimidate, or burden you.
Get Drugs, Mental Health And Sex Offender Treatment
You can request the abuser to seek treatment for alcoholism, drug use, or domestic abuse.
Forms needed
These are the court forms typically required for this process. LegalAtoms prepares each of them for you automatically.
- OFP102 Petition for Order for Protection
- OFP105 Law Enforcement Information Form
- OFP107 Address Phone Confidential