Understanding the Order for Protection Involving Family Members

The Order for Protection (OFP)

An Order for Protection (OFP) is a type of restraining order used when domestic abuse has occurred among family or household members. It aims to stop the accused abuser from continuing such behavior, often also limiting or prohibiting contact with victims. This can be particularly complex when minor children are involved.

Who is Considered a "Family or Household Member"?

Under the law, "family or household members" include: (1) spouses, both current and former; (2) parents and children; (3) blood relatives; (4) individuals who are currently or have previously lived together; (5) those who have a child together, regardless of marriage or cohabitation history; (6) a man and woman if the woman is pregnant and the man is alleged to be the father, with no requirement of marriage or cohabitation history; (7) individuals in a significant romantic or sexual relationship.

What Constitutes Abuse?

To issue an OFP, the Petitioner must claim instances of abuse that include: (1) physical harm, bodily injury, or assault; (2) causing fear of imminent physical harm, bodily injury, or assault; (3) making terroristic threats as defined in legal sections 609.713, subdivision 1; (4) criminal sexual conduct as specified in sections 609.342 through 609.3451; (5) interference with an emergency call, outlined in section 609.78, subdivision 2.

Potential Relief from an OFP

An OFP can: (1) stop the respondent from committing domestic abuse against the petitioner or children; (2) order no contact between the respondent and petitioner; (3) exclude the respondent from the petitioner's residence or workplace; (4) modify or restrict parenting time when children are involved.

Duration of an OFP

Initially, an OFP, without previous extensions, cannot last longer than two years.

Criminal Implications

Only the respondent of an OFP is legally bound by its restrictions. Violating these terms can lead to criminal charges, such as a misdemeanor punishable by up to 90 days in jail. Repeated violations within ten years escalate the charges, with a second offense being a gross misdemeanor and a third a felony, which may incur up to five years' imprisonment or a fine up to $10,000.

Impact on Custody and Parenting

A finding of domestic abuse in an OFP can significantly affect custody cases. The Minnesota statute 518.17 presumes that joint custody is contrary to a child's best interests if domestic abuse has occurred. The statute also requires that findings of abuse be considered in subsequent custody proceedings. Quick contested hearings, usually scheduled within 7 to 14 days after filing, mean limited time for preparation and testimony.

Initial Appearance for an OFP

After a Temporary Order is issued, a hearing must occur within seven days. At this hearing, the respondent can choose to: (1) admit to the allegations, allowing the restraining order to be finalized; (2) deny the allegations but permit the order to enter without conclusions of abuse; or (3) request an evidentiary hearing. Trials may occur the same day or be scheduled soon after.

Evidentiary Hearing

If requested, the evidentiary hearing usually takes place within five days of the initial appearance. The Petitioner must provide evidence, such as medical records and police reports, supporting the allegations. The respondent can cross-examine witnesses and present their own evidence. The Court typically issues an order on the same day if the Petition is granted, resulting in an order that may last up to a year with serious repercussions for the respondent.