By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 17, 2023
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Note: If you or someone you know is the victim of domestic violence, call the Minnesota Day One Crisis Hotline at 1-800-223-1111 or your local police.
A Minnesota protective order requires a person that is named in the order, such as a stalker or an abusive spouse, to stay a certain distance away from the petitioner for up to one year. "The petitioner" is the person requesting protection with the order, while the person from whom the petitioner is seeking protection is called "the respondent."
Also known as restraining orders, these orders may be extended if the court deems it appropriate. The petitioner alleging domestic abuse must file a sworn affidavit as to the specific circumstances requiring relief. A hearing is held within 14 days of when the petitioner files the petition for the order.
If either the hearing that is requested or the petition are denied, another hearing must be held within seven days. If it's an emergency order (ex parte order), the order goes into effect, but only on a temporary basis until either the hearings take place or the petition is completely denied.
The Minnesota courts provide a number of official forms for filing orders of protection and for other processes related to domestic violence. The state judiciary's self-help center also provides a section on laws, rules, and resources on domestic abuse and harassment. You may also want to speak with a family law attorney experienced in such matters.
Additional details about orders of protection in Minnesota can be found in the table below. See FindLaw's Domestic Violence section for additional resources.
Code Section |
518B.01 Minnesota Domestic Abuse Act |
|---|---|
Activity Addressed by Order |
Orders address many types of activities. Examples of activities that orders address are:
|
Duration of Order |
A general order may last for a duration of up to a maximum of two years, while the petitioner may request that the court extend the order. |
Penalty for a Violation of Order |
Misdemeanor: violations of protective orders are treated as a misdemeanor, punishable by a minimum of three days in jail and mandated sessions with a therapist. Gross misdemeanor: if the respondent is convicted under certain laws, within 5 years of when the order takes effect, the violation is treated as a gross misdemeanor. For a gross misdemeanor, the respondent faces a minimum of ten days in jail and mandated sessions with a therapist. The court may order a bond of $10,000, five years of imprisonment, or both if repeated violations are likely to occur or if the respondent was in possession of a weapon during one of the offenses. |
Who May Apply for Order |
The following people are eligible for protective orders:
|
Can Fees Be Waived? |
There are no filing fees. |
Order Transmission to Law Enforcement |
A copy of the order is sent within 24 hours to the local law enforcement agency that has jurisdiction over the residence of the petitioner. |
Civil Liability for Violation of Order |
Contempt of court |
Note: State laws are constantly changing. Contact a Minnesota criminal defense lawyer or domestic violence lawyer, or conduct your own legal research, to verify the state law(s) you are researching.
Consider reviewing the following resources to learn more about Minnesota laws, including those related to protective orders:
Consider reviewing the following, too, if you'd like to learn more about domestic violence and other related offenses:
Whether you're in need of a protective order or are subject to one, it's very important that you understand how they work. If you have additional questions related to your specific situation or want to learn more about Minnesota protective orders laws in general, it's a good idea to speak to an experienced family law attorney or criminal defense attorney near you today.
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