An Order for Protection (OFP) is a legal tool designed to protect victims of domestic abuse by restricting an alleged abuser’s contact with the petitioner. While OFPs serve an important role in ensuring safety, they can have significant implications for child custody determinations in Minnesota. If you are facing an OFP or considering filing for one, it is essential to understand how it may affect your rights to legal and physical custody of your child.
Understanding an Order for Protection (OFP)
An OFP is issued under the Minnesota Domestic Abuse Act (Minn. Stat. § 518B.01) when a court finds that domestic abuse has occurred. Domestic abuse, as defined by the statute, includes physical harm, bodily injury, assault, terroristic threats, criminal sexual conduct, and interference with an individual’s personal liberty.
A petitioner (the person requesting the OFP) may seek protection for themselves and, in some cases, their children. An OFP can include provisions such as:
- Prohibiting contact between the respondent (the alleged abuser) and the petitioner or children
- Granting the petitioner temporary custody of minor children
- Restricting parenting time or requiring supervised visits
- Ordering the respondent to vacate a shared residence
Because an OFP can include temporary custody and parenting time restrictions, it can directly impact both legal and physical custody rights.
Impact on Physical and Legal Custody
Temporary Custody Determinations
When an OFP is granted, the court may issue temporary custody orders to protect the safety of the children. If the court finds that the respondent poses a danger to the children, it may grant the petitioner temporary sole physical and legal custody. This means the respondent may not have the right to make decisions about the child’s upbringing or have access to the child until further court proceedings.
The temporary custody determination in an OFP does not permanently modify a pre-existing custody order, but it can have significant consequences in later custody proceedings.
Long-Term Custody Implications
Even though an OFP is temporary, it can influence permanent custody decisions in the following ways:
- Best Interests of the Child Standard
In Minnesota, courts make custody determinations based on the best interests of the child under Minn. Stat. § 518.17. If an OFP is in place, the court may consider the allegations of domestic abuse when evaluating what custody arrangement serves the child’s best interests. A history of domestic abuse is a significant factor that may weigh against awarding joint or sole custody to the respondent. - Rebuttable Presumption Against Joint Custody
Minnesota law creates a rebuttable presumption that joint legal custody is not in the best interests of the child if domestic abuse has occurred between the parents. This means that if one parent has been found to have committed domestic abuse, the court starts with the assumption that joint custody is not appropriate. The respondent must provide substantial evidence to overcome this presumption. - Supervised or Restricted Parenting Time
Even if an OFP does not terminate a parent’s custody rights, it may result in restricted parenting time. Courts may order supervised visitation or impose conditions (such as requiring completion of anger management or parenting classes) before granting unsupervised parenting time. If the respondent repeatedly violates an OFP, the court may further limit or suspend parenting time. - Effect on Modification of Existing Custody Orders
If an OFP is issued after a final custody order is in place, the petitioner may seek modification of the custody order under Minn. Stat. § 518.18. To modify custody, the petitioner must show that:- A significant change in circumstances has occurred (e.g., domestic abuse or an OFP issuance)
- The modification is necessary to serve the child’s best interests
- Endangerment to the minor child
- The benefits of changing custody outweigh any potential harm to the child
- Termination of Parental Rights
In extreme cases where domestic abuse is severe and ongoing, an OFP may serve as a basis for a petition to terminate parental rights. While an OFP alone is not sufficient to terminate parental rights, it may be used as evidence in a termination proceeding.
Defending Against an OFP’s Impact on Custody
If you are subject to an OFP and concerned about its impact on your custody rights, you may consider the following steps:
- Challenge the OFP – If you believe the allegations are false or exaggerated, you can request a hearing to contest the order. Having legal representation is critical in presenting evidence and testimony in your defense.
- Comply with the Order – Violating an OFP can have severe consequences, including criminal charges and further restrictions on custody. Compliance demonstrates that you respect court orders and prioritize your child’s well-being.
- Request a Custody Evaluation – If an OFP is impacting your custody case, you may request a custody evaluation by a neutral expert who can assess the best interests of the child.
- Demonstrate Rehabilitation – If the OFP was issued due to past misconduct, completing anger management, parenting classes, or counseling may help in regaining custody rights.
Conclusion
An Order for Protection in Minnesota can have serious and lasting consequences on your rights to physical and legal custody of your child. If you are a petitioner seeking protection or a respondent defending against an OFP, it is crucial to understand how these orders influence custody determinations. Consulting with an experienced family law attorney can help you navigate the legal process and protect your parental rights while ensuring the safety and well-being of your child.