Minnesota Orders for Protection (OFP) Attorney: Protecting Your Family and Your Rights

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Minnesota Orders for Protection (OFP) Attorney: Protecting Your Family and Your Rights

If you are facing a situation involving domestic violence, or if you have been served with a petition for an Order for Protection (OFP), the legal landscape can be overwhelming. In Minnesota, these cases move quickly—often requiring court appearances within days of filing.

At Terzich & Ort, LLP, our Maple Grove attorneys provide the steady hand and legal expertise needed to navigate these high-stakes family law matters. Whether you are seeking safety or defending your reputation, we are here to ensure your voice is heard.

The OFP Process: What to Expect

The process usually begins with an Ex Parte Order. This means a judge reviews a written petition and can issue a temporary order immediately—without the other person being present—if they believe there is an immediate danger.

1. The Petition

You or your attorney will complete paperwork detailing the specific instances of abuse. It is vital to be precise; vague allegations often lead to a denial of the order.

2. The Hearing

If a temporary order is granted, or if the respondent requests one, the court will schedule an Evidentiary Hearing. This is essentially a mini-trial where:

  • Witnesses may be called to testify.
  • Evidence (texts, photos, police reports) is presented.
  • A judge makes a final determination on whether the order should remain in place.

3. The Duration

Most Minnesota OFPs are granted for a period of two years, though they can be extended or even made permanent under specific circumstances.

What Can an Order for Protection Do?

A judge has broad authority in an OFP case. The order can do much more than just mandate “no contact.” It can:

  • Exclude the respondent from a shared home or place of employment.
  • Award temporary custody and parenting time of minor children.
  • Order child support or spousal maintenance.
  • Require treatment or counseling for the respondent.
  • Protect pets from harm or relocation.
  • Award possession of personal property, like vehicles or cell phones.

Why You Need a Maple Grove Family Law Attorney

Whether you are the Petitioner or the Respondent, the outcome of an OFP hearing will impact your life for years. An OFP on your record can affect housing applications, employment opportunities, and future child custody disputes.

Our team at Terzich & Ort, LLP understands the nuances of Hennepin County and suburban court systems. We provide aggressive representation to ensure that the final order is fair and based on the facts, not just emotions.

How Do Orders For Protection Work?

In Minnesota, you can file for an Order for Protection (OFP) if you or your minor child has been the victim of domestic violence, or you may find it necessary to defend if you have been wrongly accused of domestic abuse. Essentially, paper work is completed that tells your story. A judge will review the paperwork and determine if the facts justify an immediate ex parte order. If so, a hearing will be set, during which witnesses may testify. The court will make a determination if an order should be granted. A domestic abuse attorney can help you in pursuing an OFP. Call the lawyers at Terzich & Ort, LLP, to discuss your situation at 763-391-7354.

Working With Both Petitioners and Respondents

Every OFP case looks different depending on which side of the courtroom you’re on. If you’re seeking protection, timing matters — courts can issue a temporary order the same day you file, so acting quickly gives you the strongest chance of safety and a favorable outcome at the hearing. If you’ve been served with a petition, you’re working against a tight clock too: you generally have just five days to request a hearing and contest the allegations before the order takes effect. At Terzich & Ort, LLP, we represent clients on both sides of OFP cases throughout Hennepin County and the surrounding suburbs, and we know how much is riding on getting the facts in front of the judge clearly and quickly. Call us at 763-391-7354 as soon as you’re facing an OFP situation — the sooner we’re involved, the more options you have.

What Protections Are Included?

If the order is granted, it may offer certain protections, including:

  • Restrain the parties from having any contact with each other which can include no contact in person, by telephone, letter or through a third party.
  • Grant possession of a home to one of the parties.
  • Establish temporary custody and parenting time.
  • Grant temporary child support or spousal maintenance to one of the parties.
  • Order one or both of the parties to participate in counseling or therapy.
  • Award temporary possession of personal property.
  • Order a party that the court believes has committed domestic abuse to compensate the victim for medical bills and/or lost income as a result of injuries sustained.

Whether or not a judge orders any, or all of the above, depends on the facts of your Minnesota domestic violence case.

Get More Information And Assistance

If you are a victim or have been accused of abuse, contact our Maple Grove offices for more information. You can call us at 763-391-7354. You can also email our office to make an appointment.

You will find links to court forms that you may need at the Minnesota Courts website.

Frequently Asked Questions About Minnesota OFPs

While both are restraining orders, they serve different purposes under Minnesota law:

  • Order for Protection (OFP): Requires a specific relationship (family or household member) and allegations of “domestic abuse.” It can address complex issues like temporary child custody and financial support.
  • Harassment Restraining Order (HRO): Can be filed against anyone (a neighbor, a stranger, or a coworker). It only requires proof of “harassment”—repeated intrusive incidents or a single act of physical/sexual assault—and does not handle custody or support issues.

Yes. Under Minn. Stat. § 518B.01, domestic abuse includes the “infliction of fear of imminent physical harm.” This means that credible threats, brandishing a weapon, or preventing you from calling 911 (interference with an emergency call) can qualify as grounds for an Order for Protection even if no physical contact occurred.

A standard OFP typically lasts for two years. However, the court has the authority to grant a “Full Order” for up to 50 years if there is a history of multiple violations or multiple orders against the same respondent.

Violating an OFP is a criminal offense.

  • First Violation: Usually a misdemeanor, often carrying a minimum of three days in jail.
  • Subsequent Violations: Can be enhanced to a gross misdemeanor or a felony if they occur within ten years of a previous domestic violence-related conviction. Police can make an arrest without a warrant if they have probable cause to believe the order was violated.

Yes. If an Ex Parte Order (a temporary order issued without the respondent present) is granted, the respondent has the right to request a hearing to contest the allegations. This request must typically be made within 5 days of being served with the order. At this hearing, both parties can present evidence and cross-examine witnesses.

Significantly. Because an OFP can grant temporary sole custody and supervised parenting time, it often becomes a pivotal factor in concurrent divorce or custody proceedings. It is vital to have an attorney who can coordinate your defense or your petition across all your family law cases.

In Minnesota, there is no filing fee to apply for an Order for Protection. Unlike other civil lawsuits, the state ensures that victims of domestic abuse can access the court system regardless of their financial situation.