From domestic violence to stranger-induced assault, a variety of encounters leave Minnesotans fearing for their safety. Thankfully, the state offers several countermeasures designed to restore security. Two main opportunities for victims: orders for protection and harassment restraining orders. Although similar in many respects, these options hold several key differences, as outlined below:

Order for Protection (OFP)

An order for protection’s primary objective is to protect the issuer from an abusive blood relative, significant other, former significant other, or roommate. The petitioner must have either suffered physical harm, the threat of physical harm, or forced sexual contact. If the OFP is granted, the alleged abuser may be removed from his or her home. Additionally, temporary custody decisions may be made based on the OFP. The petitioner can request for guns to be removed from the offender’s home. Violations are entered into the OFP State System, and thus subject to police access whenever a 911 call is made.

Harassment Restraining Order (HRO)

No relationship is required to establish a harassment restraining order. The petitioner, however must have suffered physical or sexual assault, or more than one unwanted act (including speech) intended to harm his or her safety or privacy.

A key difference between HROs and OFPs: with HROs, petitioners cannot request for gun removal or alter custody arrangements. Furthermore, while law enforcement officials can forcibly remove offenders from premises following successful filing of an OFP, HROs merely grant them the power to restrict abusers from returning home.

Choosing Between OFP and HRO

Ready to file an OFP or HRO? Your decision will largely depend on how you know the abuser, and how you anticipate the action will impact that person. Typically, law enforcement officials take OFPs more seriously than HROs. In most cases, if the victim is related to or has lived with the perpetrator, an OFP is the preferred option.

Both OFPs and HROs can be granted without a hearing, so take action today if you believe that either approach is warranted. A skilled Minnesota attorney can help you navigate the filing process and achieve the protection you deserve.

An OFP or HRO could be your ticket to a safer and more secure life in Minnesota. Seek support from the Brown Law Offices, P.A.

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Photo of Jason C. Brown Jason C. Brown

“I used to handle commercial litigation downtown, but it wasn’t very fulfilling. As Minnesota family law attorneys we have the privilege of helping people during one of the most challenging times they will face. This stuff really matters to our clients – and…

“I used to handle commercial litigation downtown, but it wasn’t very fulfilling. As Minnesota family law attorneys we have the privilege of helping people during one of the most challenging times they will face. This stuff really matters to our clients – and to us. We take pride in helping people move forward with their lives.”

Jason founded the Brown Law Offices, P.A. He has received national media attention for his work in the area of divorce and family law.

Jason Brown founded the Brown Law Offices, P.A., after clerking for the (now retired) Chief Judge of Minnesota’s Tenth Judicial District. He is an experienced trial lawyer, who handled a wide variety of cases (including civil commitment, criminal defense, probate, personal injury and commercial litigation) early in his career.

Today, Jason’s practice is dedicated exclusively to divorce and family law matters. He has successfully litigated against some of the more recognized family law attorneys in the Twin Cities. He has been named a “Super Lawyer” by Thomson Reuters, and one of the Top 100 Family Law Attorneys in Minnesota by the Society of Legal Advocates.

Jason is the former chairperson of the Family Law Section of the Minnesota Trial Lawyer’s Association, and taught divorce and family law coursework within the paralegal program at North Hennepin Community College. He publishes the Minnesota Family Law Blog, which has been recognized as a “Top 25″ by the Minnesota State Bar Association.

Local media appearances by Jason include WCCO Radio, KARE 11 Television, Fox 9 Television and WCCO Television. His national media appearances include NBC News, Time Magazine, USA Today and the Huffington Post.

Jason obtained his B.S., magna cum laude, from Minnesota State University, Mankato, and his J.D., cum laude, from the William Mitchell College of Law in St. Paul. While in law school Jason was a published staff writer and associate editor for the William Mitchell Law Review.

In addition to his work as a lawyer, Jason serves as a mediator, and court-appointed early neutral evaluator, in divorce and family law cases throughout Minnesota.

Outside of the office, Jason plays the bass guitar and serves on the Board of Directors at Northgate Church. He and his wife, Cynthia, also an attorney, have two boys.