Orders for Protection and Harassment Orders

Yes. In future custody hearings, the court must take the OFP into account, even if the OFP is from a court in a different state. 

If you are married to your abuser, you can ask for temporary custody. If you are not married to your abuser and haven’t had a paternity or custody case with your abuser, you may already have sole custody if you are the mother. In Minnesota, unmarried mothers have sole legal and sole physical custody until a custody case says otherwise. 

If you are not married to your abuser and your abuser signed an ROP (Recognition of Parentage) when your child was born, they can ask the court for parenting time in the OFP.

An OFP may also affect custody because custodians of your children will find out that you filed an OFP. This can happen even if they don’t have parenting time with those children. Talk to a lawyer if you are worried that a custodian might file for custody or parenting time if they find out about the OFP.

If you have more questions about paternity, see our fact sheet Paternity and Child Custody. 

You must show up for the hearing! If you do not, the OFP will be dismissed. You can have an advocate or lawyer with you, but you do not have to. 

There is no right to a free lawyer in an OFP case. If you have a low income, you might be able to find free legal help. Try your local legal aid office at 1-(877) 696-6529. Or look for help from other programs at www.lawhelpmn.org/providers-and-clinics.   

If you can’t go to the hearing, you can ask for a hearing on another day (continuance). The court only does this if you have a good reason. For example, if you are in the hospital or trying to find a lawyer to represent you. To get a continuance you need to contact the court, tell them you have an OFP hearing but want to ask for a continuance. They tell you what to do. Each court has a different way to ask for a continuance. The phone number for your court should be on your hearing notice (the paper telling you when your hearing is). 

At the hearing, you tell the judge what happened. If you have evidence that you want the judge to look at, like police reports, medical records, or photos, make sure you bring several copies with you. You need to share them with the abuser too. Also bring witnesses who saw the abuse or your injuries or heard you or the children being threatened.  

If you want both you and your children covered by the OFP you need to show that there has been family violence (domestic abuse). Otherwise, the judge may issue an order that only protects you or only protects the children.

The abuser can tell the court their side of the story. The judge may ask both of you questions. You may be allowed to ask each other questions.  

Sometimes the abuser also files for an OFP, claiming that you have abused them. The judge can hear both petitions at the same time. The judge may then make a “Mutual Order for Protection” (Order against both of you). The judge could also dismiss one order but grant the other. If the abuser does not file a petition, a judge must not give a mutual order. 

If the judge gives you an OFP, make copies. Keep a copy of the OFP with you at all times! 

Also keep one in your home and one in your car. If the OFP covers your children, give a copy to their school or childcare. 

The OFP describes your rights. Read it carefully. The judge may order different things than what you asked for. The court sends a copy of the OFP to the local sheriff and police. You should also take a copy to your local police station. If you move, tell the court and the police your new address. The order says how long it lasts. In most cases it lasts for up to 2 years.  

If your abuser violates the OFP or no contact order or you are still threatened or afraid when the order runs out, you can ask the court to extend it. The court may issue a renewal order that can last up to 50 years.  

If you want the renewal order to last longer than 1 or 2 years, you need to show that your abuser violated the order(s) at least 2 times OR that you had 2 other OFPs against the same abuser in the past. 

You can make certain changes to your OFP. Like if you move to a new home or if your child starts going to a different school. If you need to make changes, file a request with the court and the judge has to approve it. 

The police have to arrest the abuser for violating the OFP if there is probable cause. This means the police believe there was a violation and that the abuser knew the OFP existed. If an officer refuses to make an arrest, you can contact their supervisor to make a complaint. Do it quickly because many law enforcement agencies have short, strict timelines to make a complaint.  

You can also file an affidavit with the family court, asking that the abuser be held in contempt of court. See section above. You can call your local legal aid office for advice. 

If you get MFIP, tell your worker about the OFP. Most parents on MFIP can only get MFIP for 60 months (5 years) in their life. MFIP has rules about how many hours per week you must spend on work activities. Work activities are work, work search, or training. But you may be able to do less work activities if you are a victim of family violence.  

See a family violence counselor. To find one in your area, call 1-(866) 223-1111. The counselor can help you ask to have the 5-year clock stopped and help you set up an Employment Plan that takes your situation into account.  

See our fact sheet, MFIP and FSS for Family Violence Victims.