Protecting Your Safety with an Order for Protection (OFP)
If you or a loved one is facing domestic abuse, obtaining an Order for Protection (OFP) may be a necessary legal step to ensure safety. At Barna, Guzy & Steffen, our experienced Minnesota Order for Protection lawyers are committed to guiding you through this process with compassion and expertise. Call us today at (763) 783-5146 for immediate legal assistance.
Understanding an Order for Protection (OFP)
A domestic abuse action begins by filing a Petition for an Order for Protection with an affidavit—a sworn written statement detailing the abuse committed by a family or household member. Minnesota law defines domestic abuse under Minnesota Statutes § 518B.01, which includes:
- Physical harm, bodily injury, or assault
- Infliction of fear of imminent physical harm
- Terroristic threats
- Criminal sexual conduct
- Interference with an emergency call
Once the Petition and Affidavit are filed, the court reviews the allegations to determine if an immediate risk of harm exists. If sufficient evidence of danger is found, the court may issue an Ex Parte Order for Protection, which is served to the alleged abuser by law enforcement, typically the local sheriff’s department.
What an Order for Protection Can Do
An Order for Protection can provide various forms of relief, including:
- Prohibiting the abusing party from further acts of domestic abuse
- Excluding the abusing party from the petitioner’s residence or shared home
- Restricting the abuser from a reasonable area surrounding the residence
- Granting temporary custody or modifying parenting time with a focus on safety
- Establishing temporary child or spousal support
- Mandating counseling or therapy for the abuser
- Awarding temporary use and possession of shared property
- Preventing the abuser from contacting the petitioner at work
- Addressing the care of pets or companion animals
- Any other relief deemed necessary for the safety of the petitioner
Contesting or Accepting an Order for Protection
Once an Ex Parte Order for Protection is issued, the alleged abuser (the respondent) has three legal options:
- Contest the Order – The respondent can dispute the allegations in an evidentiary hearing before the court.
- Agree Without Admission – The respondent may consent to the order’s terms without admitting to domestic abuse.
- Accept and Admit – The respondent can accept the order and acknowledge the occurrence of domestic abuse.
If the respondent contests the allegations, the court schedules an evidentiary hearing within 14 days of the initial order. During this hearing, both parties may present testimony and evidence, and the court determines whether to uphold or dismiss the order.
Duration and Enforcement of an Order for Protection
If a judge finds that domestic abuse occurred, the Order for Protection is typically granted for up to two years, though longer durations may be ordered in cases of severe or repeated abuse. The order is enforceable throughout Minnesota and all 50 states under federal law.
Violating an Order for Protection is a serious offense and can lead to criminal charges. Common violations include:
- Contacting the protected party in any way (including through a third party)
- Entering a prohibited area such as a home or workplace
- Violating custody or parenting time provisions
If a violation occurs, law enforcement can arrest the respondent immediately, and the individual may face criminal penalties, including fines and jail time.
Minnesota Order for Protection FAQ
What is an Order for Protection (OFP)?
An Order for Protection (OFP) is a court order that protects victims of domestic abuse by legally restricting the abuser’s actions and contact with the victim.
Who can file for an Order for Protection in Minnesota?
Anyone who has been a victim of domestic abuse by a family or household member can file for an OFP. This includes spouses, former spouses, co-parents, cohabitants, and other close relationships.
What qualifies as domestic abuse?
Domestic abuse includes physical harm, threats of harm, sexual assault, terroristic threats, and interference with emergency calls.
How do I obtain an Order for Protection?
To obtain an OFP, the victim must file a petition in court outlining the abuse. If the court finds immediate danger, it may issue an Ex Parte Order for Protection without notifying the abuser.
What happens after an Ex Parte Order for Protection is issued?
The order is served to the alleged abuser by law enforcement. A hearing may be scheduled within 14 days to determine if the OFP should continue.
What restrictions can an Order for Protection include?
An OFP can:
- Prohibit the abuser from contacting the victim
- Require the abuser to stay away from the victim’s home, workplace, or school
- Grant temporary custody of children to the victim
- Establish temporary child or spousal support
- Mandate counseling or treatment for the abuser
How long does an Order for Protection last?
An OFP typically lasts up to two years but may be extended if needed.
What happens if the abuser violates the Order for Protection?
Violating an OFP is a criminal offense and can result in arrest, fines, or jail time.
Do I need a lawyer to obtain an Order for Protection?
While not required, having an experienced attorney ensures the petition is properly filed and that your rights are protected in court.
Why Choose Barna, Guzy & Steffen?
Navigating the legal system can be overwhelming, especially in domestic abuse situations. At Barna, Guzy & Steffen, our experienced Minnesota Order for Protection attorneys provide:
- Personalized legal support tailored to your situation
- Guidance in filing a Petition for an OFP
- Aggressive representation at evidentiary hearings
- Assistance in enforcing protection orders
- Comprehensive family law services, including divorce and child custody matters
With decades of experience in family law and domestic violence cases, our team is dedicated to securing your safety and legal rights.
Contact Us Today
If you need legal assistance obtaining or contesting an Order for Protection in Minnesota, trust the experienced team at Barna, Guzy & Steffen. We are here to help you through this challenging time with expert legal advice and strong advocacy.
Call us today at (763) 783-5146 to schedule a confidential consultation.