Restraining Order & Harassment Lawyers in Minnesota

An Order for Protection (OFP) is a court order that is intended to protect a person from domestic abuse.  A person may apply for an Order for Protection if domestic abuse has occurred and if the person they are seeking protection against is a family or household member.   In Minnesota, domestic abuse is defined as: 

• Actual physical harm, bodily injury, assault;
• Terroristic threats;
• Criminal sexual conduct with an adult or any form of sexual contact with a child; or
• Interference with a 911 call.

A person may be granted an OFP on an emergency (ex parte) basis and/or be granted an OFP after a hearing.   If the request for an OFP is denied or granted without a hearing, both parties have the right to request a hearing within a certain time frame.  There are many type of relief that can be requested as part of an OFP such as possession of property, custody, child support and spousal maintenance.  However, certain types of relief require a hearing to be held.

A victim of harassment may apply for a Harassment Restraining Order (HRO) regardless of their relationship to the other party.  Harassment is defined as:  A single incident of physical or sexual assault, a single incident of stalking, a single incident of nonconsensual dissemination of private sexual images, or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another. 

Unlike an Order for Protection, the only types of relief that can be requested as part of a Harassment Restraining Order are no contact with the recipient of the HRO and no harassment of the recipient of the HRO.   An HRO may be granted or denied by a Judge without a hearing.  However, both parties are entitled to a hearing if requested within a certain time frame.

At White & Associates, our experienced attorneys are able to guide you through the complex legal system and zealously advocate for you and your family.