How to Get a Restraining Order in Carver

If you are experiencing abuse, harassment, stalking, or threats, a Minnesota restraining order can provide legal protection and peace of mind. Minnesota courts issue restraining orders—also called protective orders —to prevent someone from contacting, approaching, or harming another person.

What Is a Restraining Order in Minnesota?

A restraining order is a court order that limits or prohibits contact between two individuals. It may:

Prevent in-person contact, calls, texts, emails, or social media messages
Order someone to stay away from your home, workplace, or school
Include temporary custody, housing, or firearm restrictions

Restraining orders are issued under Minnesota law, including:

Minn. Stat. § 518B.01(Orders for Protection – Domestic Abuse)
Minn. Stat. § 609.748(Harassment Restraining Orders)
Minn. R. Civ. P. 65

Violating a restraining order in Minnesota is a criminal offense and can lead to arrest, fines, or jail time.

Types of Restraining Orders in Minnesota

Minnesota courts recognize four main types of restraining or protective orders.

Order for Protection (OFP)

An Order for Protection applies in cases of domestic abuse involving:

A spouse or former spouse
A romantic or intimate partner
A parent of your child
A family or household member

OFPs are governed by Minn. Stat. § 518B.01 and are commonly used in domestic violence cases.

Harassment Restraining Order (HRO)

A Harassment Restraining Order protects individuals from harassment, stalking, threats, or unwanted contact by someone without a domestic relationship.

HROs are issued under Minn. Stat. § 609.748 and may be based on:

A single act of physical or sexual assault, or
Repeated unwanted behavior that causes fear or intimidation

Domestic Abuse No Contact Order (DANCO)

A DANCO is a criminal court order issued after a domestic abuse arrest or conviction.

The court issues the order
The protected person cannot cancel it
Violations carry criminal penalties

Extreme Risk Protection Order (ERPO)

An Extreme Risk Protection Order, also known as a red flag order, temporarily restricts access to firearms when a person poses a serious danger to themselves or others.

ERPOs are issued under Minn. Stat. § 624.7171 and may be requested by family members or law enforcement.

Are Restraining Orders Public Record in Minnesota?

Yes. Restraining orders are generally public records in Minnesota.

However:

Sensitive personal information is restricted
OFP and HRO cases do not appear online due to federal privacy laws, including the Violence Against Women Act (VAWA)
Records must be viewed in person at the courthouse

Some records may be sealed or expunged and unavailable to the public.

Can You Look Up a Restraining Order Online in Minnesota?

No. The public cannot search restraining orders online in Minnesota.

To view a restraining order:

Visit the district courthouse where the case was filed
Use a public access terminal or request paper records
Pay copy fees if applicable

Law enforcement agencies can access active orders through secure systems, but these are not available to the public.

How to File a Restraining Order in Minnesota

Step 1: Complete the Required Court Forms

You must create a retraining order Petition and elect the correct type of order (OFP or HRO). Your lawyer can do this for you. being detailed and including all important information can be critical to your success.

Step 2: File With the District Court

File your paperwork in the county where:

You live
The other party lives
The abuse or harassment occurred

A judge may issue a temporary (ex parte) restraining order the same day if there is immediate risk.

Step 3: Serve the Respondent

The restrained person must be formally served with the paperwork.

Service is usually completed by law enforcement
Proof of service must be filed with the court

The order is not enforceable until service is completed.

Step 4: Attend the Court Hearing

A hearing is typically scheduled within 7 to 20 days.

Both parties may present testimony and evidence
The judge decides whether to issue a final restraining order

Failure to attend may result in dismissal.

What Evidence Is Needed for a Restraining Order?

Courts consider evidence such as:

Threatening texts, emails, or voicemails
Police reports or 911 records
Medical documentation
Photos of injuries or property damage
Witness testimony

Temporary orders may be granted based on sworn statements, but final orders require evidence presented at a hearing.

How Long Does a Restraining Order Last in Minnesota?

Temporary orders last until the hearing
Final OFPs and HROs typically last up to two years
In some HRO cases, courts may issue orders lasting up to 50 years if there is a history of violations or prior orders

Orders may be extended if continued protection is needed.

How Much Does a Restraining Order Cost?

Order for Protection (OFP): No filing fee
Harassment Restraining Order (HRO): Approximately $300 (often waived)
Extreme Risk Protection Order (ERPO): No filing fee

Service by the sheriff is usually free. Certified copies may require a small fee.

Can a Restraining Order Be Dismissed or Modified?

Yes. Either party may ask the court to:

Dismiss
Modify
Extend a restraining order

The request must be filed with the court, and the other party must be served. A hearing is usually required.

Long-term HROs may be reviewed after five years if there have been no violations.

When to Speak With a Minnesota Restraining Order Lawyer

While you are not required to have an attorney, a Minnesota restraining order lawyer can help you:

Prepare strong evidence
Avoid procedural errors
Respond to or challenge an order
Seek modification or dismissal

Legal guidance is especially important when restraining orders affect custody, housing, firearms, or employment.

Need Legal Help With a Minnesota Restraining Order?

If you are considering filing—or responding to—a restraining order, speaking with an experienced Minnesota attorney can help protect your rights and safety.

Contact our office today to schedule a confidential consultation.