For the purposes of getting an order for protection, “domestic abuse” is defined as any of the following acts if committed by a family or household member:

• causing physical harm, bodily injury, assault or making you afraid of immediate (imminent) physical harm, bodily injury or assault;
• terrorist threats, such as threats to commit a crime of violence, bomb threats, or showing (brandishing) a firearm;
• criminal sexual conduct in the 1^st, 2^nd, 3^rd, 4^th, or 5^th degrees;
• sexual extortion; and
• interference with an emergency call, which includes preventing someone from calling 911 or other emergency phone numbers or interrupting/ending an emergency call.¹

¹ Minn. Stat. § 518B.01(2)(a)

You can be granted the following protections in an ex parte order for protection:

• that the abuser not abuse you or your minor children;
• that the abuser be removed from the home that you share and that s/he stay away from a reasonable area surrounding the shared home or your own home;
• that the abuser stay away from your place of work;
• that the abuser not contact you, either in person, by telephone, mail, email or other electronic devices, or through another person (a “third party”);
• that any insurance coverage currently available to you remain unchanged – for example, if you get health insurance through the abuser’s work, s/he won’t be able to remove you from the insurance plan;
• giving either of you possession or control of a pet or companion animal owned, possessed, or kept by you, the abuser, or a child of you or the abuser, and ordering the abuser to not physically abuse the animal.¹

If you get an order for protection that is issued after the respondent/abuser is given notice and the chance to appear in court at a hearing, you can get the following protections as part of a full order of protection:

• all of the ex parte protections listed above; and
• the following additional protections:
  • temporary custody of your children and/or establishing temporary parenting time giving primary consideration to the safety of you and your children; Note: The judge can restrict parenting time as to the time, place, duration, or supervision, or deny parenting time completely if necessary to protect the safety of you and your children;
  • temporary child support and/or spousal support;
  • counseling or other social services for you and the respondent if you are married or if you have minor children together;
  • an order for the abuser to participate in treatment or counseling services;
  • temporary use and possession of property that you share with the abuser, such as a car;
  • an order that neither party sell, damage, or get rid of property, or use it as the basis for a loan;
  • restitution paid to you from the abuser to compensate you for your medical bills and/or lost income as a result of the abuse, for example;
  • an order that the abuser not possess firearms for the time that the order is in effect; Note: The judge is supposed to include this prohibition against possessing firearms in all situations where the order:
    • instructs the abuser to stop harassing, stalking, or threatening you, or from engaging in other conduct that would place you in reasonable fear of bodily injury; and
    • includes a determination (“finding”) that the abuser represents a credible threat to your physical safety or prohibits the abuser from using, attempting to use, or threatening to use physical force against you; and
  • an order for any other relief that is necessary to protect you and your children, including ordering the sheriff or other law enforcement to act in a certain way – for example, to accompany you to the home to get your belongings.²

Whether or not a judge orders any, or all of the above, depends on the facts of your case. To read about what will happen to the firearms if the abuser is prohibited from possessing them, go to What will happen to the abuser’s firearms if the judge includes a firearm restriction in my order for protection?

¹ Minn. Stat. § 518B.01(7)(a)
² Minn. Stat. § 518B.01(6)(a), (6)(g)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

You can file for an order for protection against any of the following family or household members who have committed domestic abuse against you or your minor child:

• your spouse or former spouse;
• your parent;
• your child;
• someone related to you by blood;
• someone with whom you live/lived;
• someone with whom you have a child in common;
• someone with whom you are expecting a child;
• someone with whom you have/had a significant romantic or sexual relationship.¹

Note: If you are a “reputable adult” who is at least 25 years old, you can file on behalf of a minor who is a family or household member of yours but not your biological child.²

A minor child who is age 16 or older can file on his/her own behalf against a spouse or former spouse, or a person with whom the minor has a child in common - but the judge must believe that the minor has “sufficient maturity and judgment” to file on his/her own and that it is in the best interests of the minor to allow the minor to file. All other minors must have a parent, guardian, or a “reputable adult” in his/her household file on their behalf.²

If you do not qualify for an order for protection, you may be able to file for a Harassment Restraining Order.

¹ Minn. Stat. § 518B.01(2)(b)
² Minn. Stat. § 518B.01(4)(a)

In Minnesota, you may apply for an order for protection against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to file for an order for protection? You must also be the victim of an act of domestic abuse, which is explained in What is the legal definition of domestic abuse in Minnesota?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

There are no filing fees to get an order for protection.¹

You do not need a lawyer to file for an order for protection. However, you may wish to have a lawyer, especially if the abuser has a lawyer. If you can, contact a lawyer to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find contact information for legal assistance organizations, which offer free or low-cost help to those who qualify, on our MN Finding a Lawyer page.

Domestic violence organizations in your area may also be able to help you through the legal process and may have legal referrals. Having another person give you support through this process can be a tremendous help. To find a shelter or an advocate at a local program, please visit our MN Advocates and Shelters page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

¹ Minn. Stat. § 518B.01(3a)

You can get and file a petition for an order for protection at the appropriate courthouse - see In which country can I file for an order for protection? Check our MN Courthouse Locations to find the courthouse in your area. At the courthouse, the clerk will provide you with the forms that you need to file. If you need assistance filling out the form, you may ask the clerk for help or you can try to get help through one of the domestic violence organizations listed on our MN Advocates and Shelters page.

You will also find links to online forms at our MN Download Court Forms page.

Read the petition carefully and ask questions if you don’t understand something. Describe in detail how the abuser (respondent) injured or threatened you. Explain when and where the abuse or threats occurred. Write about the incidents of violence, using descriptive language, such as slapping, hitting, grabbing, choking, threatening, etc. that fits your situation. Be specific. Include approximate dates, if possible.

Note: Do not sign the form until you have shown it to a clerk. The form may have to be signed in front of a notary public at the courthouse.

If you receive an ex parte order, it will not be enforceable until the papers have been served upon the abuser. The judge can order the sheriff to serve necessary paperwork on the abuser without any cost to you. But if the judge does not mention this in court and you want the sheriff to serve the papers, be sure to ask the judge to order it. Service can also be done by a “peace officer” or a corrections officer, such as a probation officer, court services officer, parole officer, or an employee of a jail or correctional facility.¹ 

As an alternative, the law allows a peace officer to serve the respondent with a “short-form notification” that notifies the respondent of the basic elements of the order. This may be appropriate, for example, if the respondent comes into contact with the police and the police learn that there is an unserved temporary order. The short-form notification will have the following instructions to the respondent: “The order for protection is now enforceable. You must report to your nearest sheriff office or county court to obtain a copy of the order for protection. You are subject to arrest and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any of the terms of the order for protection or this short-form notification.”²

Note: If service was unsuccessful because the respondent is avoiding service, you can file an affidavit with the court to explain what happened. The judge can then allow the respondent to be served by “alternate service,” which can include publication in a newspaper for one week. To apply for publication, you will need to file an affidavit with the court saying that:

• the sheriff, peace officer, or corrections officer could not serve the respondent because the respondent is avoiding service; and
• either:
  
  • a copy of the petition and notice of hearing was mailed to the respondent’s home; or
  • you do not know the respondent’s home address. ³

Service by publication will be considered complete seven days after the notice is published.³ You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

¹ Minn Stat § 518B.01(9a)
² Minn Stat § 518B.01(8)(a), (8a)
³ Minn Stat § 518B.01(4)(h), (5)(f)

If the judge orders that the abuser’s firearms be removed, there are two ways that the firearms can be taken away. First, if the judge believes that there is evidence that the abuser poses an immediate risk of causing you or another person substantial bodily harm, the judge must order the local law enforcement agency take immediate possession of all firearms in the abuser’s possession.¹ If the judge does not believe there is an immediate risk, the abuser will have three business days to transfer the firearms to a federally licensed firearms dealer, a law enforcement agency, or a third party who may lawfully receive them, as long as the third party does not live with the abuser.² The third party may be held criminally and civilly responsible if the abuser is able to access the firearms while they are in the custody of the third party. Then, the abuser must file proof of the transfer with the court within two business days of the transfer.³

¹ Minn. Stat. § 518B.01(6)(i)
² Minn. Stat. § 518B.01(6)(g)
³ Minn. Stat. § 518B.01(6)(h)

If you are not granted an order for protection, there are still some things you can do to try to stay safe. It might be a good idea to contact one of the domestic violence resource centers on our MN Advocates and Shelters page to get help, support, and advice on how to stay safe. They can help you develop a safety plan and connect you with the resources you need. For safety planning ideas and information, go to our Safety Planning page.

If you were not granted an order for protection because your relationship with the abuser does not qualify as a “family or household member,” you may be able to seek protection through a harassment restraining order (HRO).

You may also reapply for an order for protection if a new incident of domestic abuse occurs after you are denied the order.

If you believe the judge made an error of law, you can talk to a lawyer about the possibility of filing an appeal.

The judge can extend the terms of an existing order if you can prove that:

• the abuser has violated a prior or existing order for protection;
• you are in fear of physical harm from the abuser;
• the abuser has stalked you; or
• the abuser is incarcerated and about to be released, or has recently been released from incarceration.¹

You do not need to show that you are in danger of immediate physical harm to get your order extended.¹ Generally, the judge can grant this extension of the order ex parte, without prior notice to the abuser or the abuser’s custodian, if s/he has one, and without a hearing where the abuser is present. A hearing will be held, however, if the judge decides not to grant you the ex parte extension or if the abuser requests a hearing after the ex parte extension is granted.²

Your order for protection can last for up to 50 years if the judge determines that:

• the abuser has violated a prior or existing order for protection on two or more occasions; or
• you have had two or more orders for protection in effect against the same abuser.³

To change (modify) or end (vacate) an order, you may file a petition in court to request either one.

If you are granted an order up to 50 years, the abuser can request to have the order vacated or modified after the order has been in effect for at least five years and assuming the respondent has not violated the order during that time. Then you would be notified of this request and the judge would set a hearing date. The abuser has the burden of proving that there has been a substantial change in circumstances and that the reasons that you needed the order for protection no longer apply and are unlikely to occur again. If the court believes the abuser, the judge can dismiss or modify the order. If the judge does not believe the abuser, the abuser must wait another five years before s/he can apply again to modify or dismiss the order.⁴

¹ Minn. Stat. § 518B.01(6a)(b)
² Minn. Stat. § 518B.01(6a)(a)
³ Minn. Stat. § 518B.01(6a)(c)
⁴ Minn. Stat. § 518B.01(11)

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

You can get a temporary order without the harasser present in court if the judge reasonably believes that the respondent has harassed you. If your petition is based on a single incident of harassment, your petition must also state that there is an immediate and present danger of harassment before the court may issue a temporary restraining order.¹ A temporary order is in effect until a hearing is held on a final restraining order.² If you or the respondent want to request a hearing, the request must be made within 20 days of service of the petition.³

A final restraining order will generally last up to two years. However, if you have had two or more previous restraining orders in effect against the same respondent or the respondent has violated a prior or existing restraining order on two or more occasions, your HRO can be issued for up to 50 years.⁴ Note: If the judge makes the order for a period of up to 50 years, the respondent can request to have the restraining order dismissed or modified (changed) if the order has been in effect for at least five years and the respondent has not violated the order.⁵

¹ MN Code § 609.748(4)(b)
² MN Code § 609.748(4)(d)
³ MN Code § 609.748(3)(d), (4)(f)
⁴ MN Code § 609.748(5)(b)(3)
⁵ MN Code § 609.748(5)(d)

A parent, step-parent, guardian, or conservator of a minor who is being harassed can file for the restraining order on the minor’s behalf.¹ 

In addition, the judge can allow a minor to file on his/her own behalf if the minor can show that s/he is emancipated. Even without a court order declaring the minor to be emancipated, the minor can prove emancipation for these purposes if the minor can convince the judge that all of the following are true:

1. the minor is living separate and apart from his/her parents;
2. the minor is managing his/her own financial affairs; and
3. the minor’s parents have given up (relinquished) control and authority over the minor, which can be proven by the actions of the parties or by a written agreement or other writing.²

¹ MN Code § 609.748(2)(b)
² MN Code § 609.748(2)(c)

To file for an HRO, you can go to the district court in the county where you live, where the harasser lives, or where the harassment took place.¹ A judge will decide whether or not to issue you an ex parte temporary order on the day you file. If so, the temporary order will be in effect until a hearing is held on a final restraining order.² The petition and any temporary restraining order must be personally served on the respondent, which is usually done by a peace officer but could also be done by a corrections officer, including probation officers, court services officers, parole officers, and employees of jails or correctional facilities.³ For more information on service of the order, see How can a harassment restraining order be served?

If you or the respondent want to request a hearing, it must be done within 20 days of service of the petition.⁴ If the respondent requests a hearing, you will get notice of the hearing date in the mail at least five days before the hearing. If you request a hearing, the respondent must be personally served with notice at least five days before the hearing.⁵

¹ MN Code § 609.748(2)
² MN Code § 609.748(4)(d)
³ MN Code § 609.748(5b)
⁴ MN Code § 609.748(3)(d), (4)(f)
⁵ MN Code § 609.748(3)(a)

There can be a filing fee for a harassment restraining order that depends on the facts of your case and who you are filing against. The district court can tell you what the fee is but it can likely be a few hundred dollars.¹  However, if you allege that the respondent committed stalking or the sex crimes listed in sections 609.342 to 6093.451 of the law, the fee will be waived.² Also, if you are a low-income person and meet the income guidelines, the fee will be waived.

¹ According to the Minnesota Judicial Branch in 2022, the base filing fee is $285 plus possible “law library fees”
² MN Code § 609.748(3a)

In addition to the abuser being held in contempt of court, violating a temporary or final harassment restraining order can be a misdemeanor, a gross misdemeanor, or a felony, depending on the circumstances.¹  For the violation to be a gross misdemeanor, the abuser would have to commit the violation within ten years of a prior conviction for a “qualified domestic violence-related crime.”²  To read the list of crimes that are considered “qualified domestic violence-related offenses,” including juvenile offenses, see Minn. Stat. § 609.02(16).

The abuser may be guilty of a felony for violating a harassment restraining order if s/he violates the order under any of the following circumstances:

• within ten years of two or more convictions for qualified domestic violence-related offenses, including juvenile offenses;
• the violation is because of your actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin as defined in Minn. Stat. § 363A.03;
• by falsely impersonating another person;
• while possessing a dangerous weapon;
• with the goal of influencing a juror, or affecting (“tampering with”) a court case, or retaliating against a judicial officer, prosecutor, defense attorney, or officer of the court because of the person’s performance of official duties in connection with a judicial proceeding; or
• against a victim who is under the age of 18 when the abuser is at least 36 months older than the victim.³

¹ Minn. Stat. § 609.748(6)(b), (6)(c), (6)(d), (6)(h)
² Minn. Stat. § 609.748(6)(c)
³ Minn. Stat. § 609

In addition to reporting a violation to the law enforcement, another way to report a violation is by filing a petition to hold the abuser in contempt of court in the court that issued the harassment restraining order.¹ The following people can file a petition for contempt:

• you (the harassment victim);
• a peace officer; or
• an “interested party” who is chosen by the judge.

The judge will then issue an order requiring the abuser to appear in court within 14 days to explain why s/he should not be held in contempt of court. The judge can also refer the violations to the appropriate prosecuting authority.²

¹ MN Code § 609.748(6)(h)
² MN Code § 609.748(6)(i)

An order for protection is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you;¹
• The court that issued the order had jurisdiction over the people and case. In other words, the court had the authority to hear the case; and
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a) & (b)

In some states, you will need a certified copy of your order for protection. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it.  If the copy you originally received was not a certified copy, you can return to the courthouse and ask the clerk for a certified copy.  
 

You do not need a lawyer to get your order for protection enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. They can let you know what the advantages and disadvantages are for registering your order for protection, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state you are moving to, please visit Places that Help page and select the state you are moving to.

Whether or not a parent can take their children out of state for an extended period of time is a complicated legal question. It may depend on the exact wording of the custody provision in your order for protection or you may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children.  You can find contact information for legal assistance on our MN Finding a Lawyer page.

Your protection order that was issued in another U.S. state or territory, or in Canada,¹ can be enforced in Minnesota as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you;²
• The court that issued the order had jurisdiction over the people and case. In other words, the court had the authority to hear the case; and
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.³

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ Minn. Stat. § 518B.01(19a)
² 18 U.S.C. § 2266(5)
³ 18 U.S.C. § 2265(a) & (b)

As long as the child custody provision complies with certain federal laws,¹ Minnesota can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area - see our MN Finding a Lawyer page for referrals.

¹ The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database that contains protective order information, used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

All law enforcement officials have access to it, but the information is encrypted so outsiders cannot access it.

A valid out-of-state protective order has the same effect and is supposed to be enforced in the same way as a Minnesota order for protection whether or not it was filed with a court administrator or otherwise entered in the state order for protection database.¹ In addition, a peace officer is supposed to make an arrest for a violation of your out-of-state protective order in the same manner that a peace officer would make an arrest for a violation of a Minnesota order for protection.² The fact that an out-of-state protective order has not been filed with the court administrator or otherwise entered into the state order for protection database is not a valid reason for a police officer to refuse to enforce the terms of the order if s/he is shown a copy of the order unless, by looking at the order, it is apparent to the officer that the order is not valid.³

¹ Minn. Stat. § 518B.01(19a)(e)
² Minn. Stat. § 518B.01(19a)(h)
³ Minn. Stat. § 518B.01(19a)(i)

There is no fee for registering your protection order in Minnesota.¹

¹ Minn. Stat. §518B.01(3a)