Minnesota Family Law on Domestic Violence

Domestic violence comes in many different forms, and none of them are welcome in Minnesota. For those exposed to domestic abuse, it can seem like a nightmare you can’t wake up from.

Minnesota‘s domestic violence law​ is designed to help victims of domestic violence. It also attempts to walk a fine line between holding abusers accountable​ for their actions and trying to break the vicious cycle of domestic violence by teaching self-control and anger management.

To help you understand Minnesota family law and its relationship to domestic violence, we’ve answered key questions below. If you don’t find what you’re looking for here, FindLaw’s Minnesota Domestic Violence Laws​ article offers a deeper dive into the legal aspects of statutes in the state.

What Does Minnesota Consider To Be Domestic Violence?

Minnesota passed its Domestic Abuse Act​ in 1979, which identified certain crimes committed against a family or household member by another family or household member as domestic abuse. The same crimes still carry penalties when they occur between two strangers. Classifying the offenses as domestic violence offers extra protections to victims and both punishments and opportunities for rehabilitation​ for the abuser.

Who Can Be Part of a Domestic Violence Crime?

In Minnesota, there needs to be a substantive relationship between the offender and the victim for the crime to be considered domestic abuse. The state requires each person involved​ to fall under one of the following categories:

• Spouses
• Former spouses
• Parents
• Children
• Persons who have a child in common
• Parents of a child in utero
• Family related by consanguinity (siblings, grandparents, etc.)
• Persons residing together or who have resided together in the past
• Persons involved in a significant romantic or sexual relationship (decided by the court on a case-by-case basis)

Betrayal by those you’re supposed to be able to trust makes domestic violence crimes even more devastating. If you or your loved ones are suffering abuse from a family member or household member, seek help​ as soon as possible.

What Acts Are Considered Domestic Violence?

Domestic abuse charges attach to offenses that involve specific types of abuse by a family or household member. To carry this classification, those involved must be considered family or household members.

Abuse comes in many different forms. Domestic violence abuse in Minnesota is a crime that features at least one of the following:

• Physical harm, physical abuse, assault, or bodily injury
• The infliction of fear of imminent physical harm, physical abuse, assault, or bodily injury
• Terroristic threats
• Sexual extortion
• Criminal sexual conduct
• Interference with an emergency call

Note that actual physical assault isn’t required for a domestic violence charge. Placing a victim in fear of being abused or coercing them through threats is also considered domestic abuse.

Legal Protections Against Domestic Abuse

Minnesota offers different types of aid for survivors of domestic abuse. Some are through volunteer groups, while others are available through the Minnesota court system.

The most common legal remedy for domestic violence crimes is an Order of Protection (OFP). An OFP is a protective order with conditions tailored to each victim’s situation. These can include, but are not limited to, requiring that the abuser:

• Leave the residence you shared and stay away
• Stay away from your workplace
• Obey a domestic abuse no-contact order
• Surrender firearms while the order is in effect
• Do not damage, sell, or dispose of shared property
• Pay restitution to the victim
• Be supervised during parenting time
• Pay temporary spousal support and/or child support
• Keep you on insurance coverage
• Relinquish custody of any shared pets
• Accept conditions on child custody, which can be temporary child custody or whatever the court considers to be in the child’s best interests
• Attend counseling or other social services
• Participate in treatment or counseling services
• Give temporary possession of property that you share, such as a car

The court order can include anything else necessary for the victim’s safety. What may apply in one case might not in another. It depends on the circumstances involved.

How Do I Get an Order for Protection (OFP)?

In most instances, victims fill out OFP forms available through the Minnesota Judicial Branch. If the victim is in imminent danger of abuse from their abuser, they can file for an emergency, or ex parte, OFP. This means the court can enact an OFP without hearing the defendant’s side of the story.

While most states treat an ex parte OFP as a temporary order that stays in effect until a hearing, Minnesota treats it differently. The defendant will be served with the ex parte OFP by law enforcement. If they choose not to object, the OFP becomes final and can last up to two years.

If the defendant objects, a case hearing is scheduled within 10 days of their response. At the hearing, both sides offer their arguments. This includes presenting evidence and calling witnesses. The court decides whether or not to extend the OFP at that point. Previous OFPs and violations are considered​, with a possible duration of up to 50 years.

What Can I Do if They Violate the OFP?

Contact law enforcement for any violations against an OFP. Violations start as misdemeanors and escalate to felony charges for repeated offenses or for the involvement of a weapon. This is in addition to charges for any other crimes committed during the OFP violation.

Law enforcement can arrest an abuser with probable cause of a violation of an OFP. Offenders also face contempt of court charges​ for violating an OFP.

What if the Relationship Doesn’t Qualify?

The court may say you can’t get an OFP because you didn’t have a substantial relationship. This means it doesn’t qualify as domestic violence. What can you do next?

While it might not be considered domestic violence, Minnesota has an option for situations like this. Harassment Restraining Orders (HROs)​ are for people threatened by someone they don’t have a substantial personal relationship with.

Harassment applies​ when at least one of the following is present:

• Physical assault/bodily harm (single incident)
• Nonconsensual dissemination of private intimate images (single incident)
• Stalking (using personal information to encourage a third party to engage in a sexual act with the victim) (single incident)
• Sexual assault (single incident)
• Targeted residential picketing
• Unwanted or intrusive gestures, acts, or works (repeated incidents)
• Attending public events because the victim is going to be there (repeated incidents)

HROs are similar to OFPs and available as ex parte if necessary. They do not carry contempt of court charges for violations, but still have severe penalties. The Minnesota Judicial Branch offers a helpful chart that compares an OFP and an HRO.

Other Protections

Some protections are available at the federal level through the Violence Against Women Act (VAWA). These include OFPs and HROs staying in effect if you are in a different state and allowances for federal housing.

For victims who don’t want their abuser to know where they’ve moved to, the Safe at Home​ program provides address confidentiality. The victim is given a second address, often a PO Box, for legal documents such as a driver’s license. Mail is forwarded from the second address to the victim’s residence.

Help for Victims in Shared Living Spaces

Minnesota understands that domestic violence victims who share a living space, especially as renters, can find themselves in a difficult position. If you wish to leave your abuser, Minnesota law allows you to break a lease​ without a legal penalty for breach of contract. The landlord can confirm with the court and may be able to keep the security deposit.

If you want to stay, you can ask the landlord to change the locks. The landlord cannot provide a copy of the new key to the other person if they are under an OFP, even if their name is on the lease.

Job Protections

Under Minnesota law, an employer can’t discipline or punish you for missing work due to domestic abuse. If possible, you should try to give your employer 48 hours’ notice of work you know you’ll miss, such as a move-out from your residence.

Violating this statute can result in your employer being fined. If you find yourself in this situation, consider speaking with a Minnesota employment attorney.

Minnesota Family Law on Domestic Violence: Related Resources

• Minnesota Domestic Violence Laws​
• National Domestic Violence Hotline (800.799.7233)​
• Violence-Free Minnesota​
• Minnesota Domestic Abuse Resources​ – Minnesota Attorney General
• Domestic Violence: Help and Organizations​

Need Legal Help?

Domestic violence can be a frightening experience that leaves you and your loved ones traumatized. If you’ve been victimized by domestic violence, there are legal protections available to you. Speak with a Minnesota family law attorney​ to learn more about your legal rights under the law.

If you’re facing criminal charges for domestic violence, your future could be compromised. Consider contacting a Minnesota criminal defense attorney. They can examine your case, give you legal advice about your options, explain protective orders against you, and fight for your parental rights.