Minnesota's Order for Protection (OFP) Restraining Order

This week is about the OFP.

Minnesota Statutes 518B is the Domestic Abuse Act which is the statute that governs restraining orders in cases where domestic abuse is alleged.

 

WHO CAN GET AN OFP?

 

An Order for Protection (OFP) is a restraining order, also called a protective order, involving family or household members. Family and household members are defined as:

(1) spouses and former spouses;

(2) parents and children;

(3) persons related by blood;

(4) persons who are presently residing together or who have resided together in the past;

(5) persons who have a child in common regardless of whether they have been married or have lived together at any time;

(6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and

(7) persons involved in a significant romantic or sexual relationship.

 

WHAT IS DOMESTIC ABUSE?

 

The definition of domestic abuse for purposes of an OFP is more narrow than other definitions of domestic abuse. It is defined in the statute as:

(1) physical harm, bodily injury, or assault;

(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or

(3) terroristic threats; criminal sexual conduct, sexual extortion; or interference with an emergency call as defined by the criminal code.

It excludes from its definition emotional abuse, financial abuse, or verbal abuse.

 

WHAT PROTECTIONS DOES IT PROVIDE?

 

The Court can craft its Order to provide a wide array of protections, precluding all contact or allowing some contact, perhaps to discuss parenting issues or to attend mediation in a divorce or custody case. The court may provide relief as follows:

(1) restrain the abusing party from committing acts of domestic abuse;

(2) exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner;

(3) exclude the abusing party from a reasonable area surrounding the;

(4) award temporary custody or establish temporary parenting time with regard to minor children;

(5) establish temporary support for minor children or a spouse,;

(6) require counseling or other social services for the parties, if married, or if there are minor children;

(7) order the abusing party to participate in treatment or counseling services;

(8) award temporary use and possession of property;

(9) exclude the abusing party from the victim’s place of employment;

(10) order the abusing party to have no contact with the petitioner;

(11) order the abusing party to pay restitution to the petitioner;

(12) order any other relief that is necessary for the protection of a family or household member.

 

HOW LONG IS AN OFP IN EFFECT?

An initial OFP may be in place for up to two years. It may also be extended if there has been a violation of any existing restraining order  or the protected party remains in reasonably fear of physical harm