Restraining Orders

After you finish filling out your petition, a judge will review it. If you are in immediate danger, the judge can give you an ex parte order. A judge will decide this based on the facts included in your petition.

The abuser does not have to be notified in advance for you to receive an ex parte order, which can last for up to two years. If an ex parte order is granted, the ex parte order and petition must be served upon the respondent and, if a hearing was requested by you, s/he will also be served with a notice of the date set for the hearing. If the respondent has a custodian, that custodian must also be served with a copy of the ex parte order, which can be done by personal service or certified mail.

If you do not request a hearing, the order served on the abuser must include a notice advising the respondent/abuser of the right to request a hearing to object to the order along with a form that can be used by the respondent to request this hearing. S/he must request the hearing within five days of service of the order.¹

¹ Minn Stat § 518B.01(7)(c)