Understanding Minnesota's Protective Orders: HRO vs. OFP
Oct. 6, 2023
Hey everyone! Let's talk about restraining orders and order for protection (OFP) - they can be confusing, right?
In Minnesota, we have two types of protective orders: Harassment Restraining Orders (HRO) and Orders for Protection (OFP).
So, what's the difference? An HRO is for situations where someone has been "harassed" by another person. Harassment can include things like sexual assault, stalking, unwanted acts or words, or even distributing private information without permission. It's important to note that an HRO can be issued without notice to the alleged harasser, but they have the right to dispute it at a hearing.
On the other hand, an OFP deals specifically with domestic violence. It applies when domestic abuse has occurred between family or household members. Domestic abuse can include physical harm, fear of harm, terroristic threats, or interference with emergency calls. The Court has more authority in OFP cases, allowing them to issue restraining orders, exclude someone from certain places, and even make decisions regarding custody and child support. Similar to HROs, an alleged abuser doesn't need prior notice, but they can request a hearing to challenge the claims.
Remember, both HROs and OFPs are protective orders, but they differ in procedures, implementation, and the relief they can provide. It's crucial to take these matters seriously and understand the potential impact they may have on criminal, civil, and immigration aspects.
If you find yourself in need of guidance or have questions about restraining orders or OFPs, don't hesitate to reach out to us for a FREE consultation. We're here to help!