Restraining Orders

You asked about getting a restraining order. Generally, a person may be able to get a restraining order in two ways: (1) through the criminal court after an arrest has been made, or (2) through the civil court by filing a petition. It is possible to have both a criminal and civil restraining order, meaning a person can file for a civil restraining order while a criminal order is in place, or after a criminal order has been dropped or denied. You can learn more about this in our Court System Basics section.

Criminal Restraining Order: If an abuser has been arrested, a criminal restraining order may be requested by the prosecutor in the case. The terms of the order and how long it lasts are requested by the prosecutor and will go into effect if approved by the judge. The victim might be able to let the judge know if they want a restraining order and if there are any special provisions that are necessary. If the criminal case is dropped or the abuser is found not guilty, then the restraining order is usually dropped as well. The restraining order might also be dropped as part of a plea deal that the prosecutor makes with the defendant. The victim often has little say as to what happens with the criminal restraining order.

Civil Restraining Order: A civil restraining order, on the other hand, is usually started by the person who has been abused, and they generally have some control over the process. A civil restraining order is usually started when the victim (known in this context as the “petitioner”) files a petition in court asking the judge to grant a protection order. The petitioner is able to ask for specific protections and provisions in the order that are specific to their situation. It would be up to the judge to decide if the order should be granted and whether the provisions that the petitioner requests are appropriate given the situation. Generally, the petitioner also has the ability to request that the restraining order be dropped or modified as the situation changes. For more information about restraining orders, what qualifies, and the process to get one in Minnesota, please see our Restraining Orders section. [HYPERLINK TO STATE-SPECIFIC RO PAGE]