Minnesota Protective Orders Laws

By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last updated May 26, 2025

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Protective orders, also known as restraining orders, allow people who experience domestic abuse to protect themselves from their abuser. They generally require that the person named in the order (the respondent) do or stop doing something, such as stalking or abusing the person who requested the order (the petitioner).

Minnesota courts can issue four different types of orders of protection:

Extreme Risk Protection Orders (ERPO)
Harassment Restraining Orders (HRO)
Orders for Protection (OFP)
Domestic Abuse No Contact Orders (DANCO)

This article provides an overview of Minnesota’s laws regarding protective orders. It begins with how a petitioner can file a protective order. It then provides a table outlining Minnesota’s laws. It concludes with a list of related resources you may find helpful as you research domestic violence laws.

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. You can also call the National Domestic Violence Hotline at 800-799-7233.

How To File an Order for Protection in Minnesota

In cases of domestic abuse, a petitioner may file a petition for an OFP. Any family or household member may file the petition. The court may also allow an adult over the age of 25 to file a petition on behalf of a minor family or household member.

Minnesota’s courts provide official forms needed for filing orders of protection and for other domestic violence processes. 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 or a domestic violence attorney experienced in such matters.

A petition for relief must allege the following:

The existence of domestic abuse
Whether the petitioner has ever had an OFP in effect against the respondent
Whether an OFP currently in effect exists between the parties
Whether a pending lawsuit, complaint, petition, or other action exists between the parties

In addition, the petitioner must file an affidavit made under oath stating the specific facts and circumstances for which they seek relief. The court clerk can assist the petitioner and respondent with filing their motion and affidavit, but they cannot provide legal advice. The clerk must also advise the petitioner of their right to request supervised parenting time.

Once the petitioner files their petition and affidavit, they must serve the forms on the respondent. The court clerk can provide more information about serving the respondent.

The court will schedule a hearing when it receives the petition and affidavit. The hearing will occur within 14 days of the filing date. If the court issues an emergency order, the court hearing must occur within seven days of filing. In the meantime, the order remains in effect.

The court will issue an ex parte order for protection if the petitioner alleges "an immediate and present danger of domestic abuse." In such a situation, the petitioner does not need to serve the respondent with notice of the petition before the court issues the order.

However, the respondent may request a hearing after the court issues the order if they want to contest it. An ex parte order is a temporary order that expires 14 days after being served on the respondent (28 days if the petitioner uses service by publication).

Definitions for Important Minnesota Protective Orders Terms

In Minnesota, domestic abuse occurs when a family or household member commits any the following acts against a family or household member:

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

The term "family or household members" includes the following people:

Spouses and former spouses
Parents and children
Blood relatives
People who presently reside together (or who have resided together in the past)
People who have a child in common (regardless of whether they were ever married or lived together)
A man and woman if the woman is pregnant and the man is the alleged father
People involved in a significant romantic or sexual relationship

More information about OFPs is available below.

Minnesota Law: Orders for Protection Information

The table below provides additional details about OFPs in Minnesota. Further resources are available at FindLaw’s Domestic Violence section. For specific legal advice, contact a family law attorney in Minnesota.

Minnesota Domestic Abuse Statutes	Minn. Stat. § 518B.01 – Minnesota Domestic Abuse Act
Activities Addressed by Minnesota Orders of Protection	Orders address many types of activities. Examples of activities that orders address are: Restrain the respondent from committing acts of domestic abuse Order the respondent to have no contact with the petitioner (e.g., in person, by telephone, mail, email, etc.) Exclude the respondent from the dwelling they share with the petitioner, family members, or household members Exclude the respondent from the area surrounding the petitioner’s dwelling or residence Temporary custody and parenting time with regard to minor children Temporary support for minor children or a spouse Counseling or other social services for the parties (if the petitioner requests it and the parties are married or have minor children) Ordering the respondent to participate in treatment or counseling services (e.g., a domestic abuse counseling program or other educational programs) Award temporary use and possession of property (or restrain one or both parties from using the property) Order other relief the court deems necessary to protect a family or household member (including orders to the sheriff or local law enforcement) Direct the care, possession, or control of a pet Direct the respondent from abusing or injuring a pet as a means of threatening the petitioner, family, or household members Prohibit the respondent from possessing firearms
Duration of Minnesota Orders of Protection	An order may last up to two years unless the court determines a longer period of time is appropriate or the petitioner requests the court to extend it An ex parte order is a temporary order that lasts 14 days or until a hearing date An emergency order lasts seven days or until a hearing date
Penalty for a Violation of a Minnesota Court Order for Protection	First offense: misdemeanor If convicted, a minimum of three days in jail. The court may also require counseling or another appropriate program. Within 10 years of a qualified domestic violence-related offense conviction or adjudication of delinquency: gross misdemeanor If convicted, a minimum of ten days imprisonment. The court may also order participation in counseling or other appropriate programs. Within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency: felony If convicted, up to five years of imprisonment and/or a fine of up to $10,000 If violating an order while possessing a dangerous weapon: felony If convicted, up to five years of imprisonment and/or a fine of up to $10,000
Who May Apply for an Order of Protection in Minnesota	The following people are eligible for protective orders: Any family or household member of the respondent A guardian on behalf of the petitioner A reputable adult of 25 years of age or older, as determined by the court A minor on their own behalf if the court determines they are sufficiently mature Family or household members means any of the following people: Spouses and former spouses Parents and children Persons related by blood People who live together or who have lived together in the past People who have a child in common regardless of marriage or whether the people have lived together A man and a pregnant woman, if the man is the alleged father, regardless of whether they have been married or have lived together at any time People in a sexual or romantic relationship
Filing Fees	The court waives filing fees for the petitioner and respondent. (Minn. Stat. § 518B.01(3a))
Order Transmission to Law Enforcement	The court clerk will send a copy of the order to the local law enforcement agency within 24 hours of its issuance. Other law enforcement agencies will have access to it through a verification system.
Civil Liability for Violation of Order	Contempt of court

Note: State laws are constantly changing. Contact a Minnesota criminal defense lawyer, a domestic violence lawyer, or conduct your own legal research to verify the state law(s) you are researching.

Minnesota Protective Order Laws: Related Resources

The following links provide access to learn more about domestic violence and other related offenses:

In addition, the Minnesota Department of Public Safety provides a directory for available victim services.

Have Questions About Minnesota Protective Orders Laws? Get Legal Help

Whether you need a protective order or are subject to one, it’s essential to understand how they work. If you have questions about your specific situation or want to learn more about Minnesota protective orders laws and court proceedings in general, speak to an experienced family law attorney or criminal defense attorney near you today.

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