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Legal Information: Minnesota

Minnesota Restraining Orders

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Restraining Orders

Orders for Protection

Basic information

What is the legal definition of domestic abuse in Minnesota?

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 1st, 2nd, 3rd, 4th, or 5th 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)

What types of orders for protection are available? How long do they last?

There are two types of orders for protection: ex parte orders and full orders. However, unlike most other states, Minnesota does not necessarily require that a hearing be held with both parties present before issuing a long-term (full) order. Minnesota law allows a judge to issue a long-term order on your first court date and then it is up to the respondent/abuser to fill out paperwork to request a hearing to object to the order.

When you go to court to file for an order for protection, a judge will give you an ex parte order for protection if s/he finds that there is an immediate and present danger of domestic abuse and you need immediate protection.1 “Ex parte” means that the abuser is not notified beforehand or present in court - the judge will make this decision based only on the information you provide. An ex parte order will be effective for a fixed period set by the court and can generally last for up to two years or until modified or vacated by the judge after a hearing.2 Once you’ve been granted an ex parte order, you do not need to return to court for a full hearing unless:

  1. You request a hearing to ask the judge for additional protection than what can be granted with an ex parte order;
  2. The judge decides not to grant you all of the protection that you asked for in the ex parte order; or
  3. The abuser requests a hearing once s/he is served with your ex parte order.3

If a hearing is ordered based on reasons #1 or #2, above, the hearing will be held within seven days. If the hearing is ordered based on reason #3, above, it will be held within ten days of when the court receives his/her request. However, either side may request a continuance in any of the circumstances. The court will notify you of the hearing by mail and you would need to go to the hearing in order to present evidence as to why the order should continue.3 NoteIf the judge does not grant you an ex parte order on your first court date, the hearing for a full order for protection will be scheduled within 14 days.4

If there is a court hearing for a full order for protection, both you and the abuser should have a chance to present evidence, testimony, witnesses, etc., to prove why the order should/should not be issued. The order can last for up to two years, but you may petition to have it extended if you need further protection once the order expires.5

If the abuser has violated a prior or existing order for protection on two or more occasions, or if you have been granted two or more orders for protection against the abuser, the judge can grant a full order for up to 50 years.6 If after five years there have been no violations of the order, the abuser may ask the judge to change (modify) the order by proving there has been a significant change in circumstances.7

1 Minn. Stat. § 518B.01(7)(a)
2 Minn. Stat. §§ 518B.01(7)(c); 518B.01(6)(b)
3 Minn. Stat. § 518B.01(5)(b)-(e)
4 Minn. Stat. § 518B.01(5)(a)
5 Minn. Stat. § 518B.01(7)
6 Minn. Stat. § 518B.01(6)(a)
7 Minn. Stat. § 518B.01(11)(b)

What protections can I get in an order for protection?

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)

In which county can I file for an order for protection?

You can file for an order for protection in any county in which:

  • either you or the abuser lives;
  • the abuse happened; or
  • there is/was a family court proceeding involving you and the abuser or a child you have with the abuser, such as a custody/visitation case.1

1 Minn. Stat. § 518B.01(3)

If the abuser lives in a different state, can I still get an order against him/her?

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.

Who can get an order for protection

Am I eligible to file for an order for protection?

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)

Can a minor file for an order for protection?

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” who is a family or household member and who is age 25 or older file on their behalf.1

1 Minn. Stat. § 518B.01(4)(a)

Can I get an order for protection against a same-sex partner?

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.

If I am not eligible for an order for protection, is there another type of restraining order I can get?

If you are not eligible for an order for protection, you may be able to get a harassment restraining order (HRO).  Anyone who is a victim of harassment can file for a harassment restraining order. It does not matter what relationship you have with the harasser. To read more, go to our Harassment Restraining Orders page.

How much does it cost to get an order for protection? Do I need a lawyer?

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)

Steps for obtaining an order for protection

Step 1: Fill out the necessary forms and file them in court.

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.

Step 2: A judge will review your petition and may grant an ex parte order.

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)

Step 3: Service of process

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)

Step 4: The hearing

It may be the case that you will not have to come back to court after you receive your ex parte order for protection. However, if you are ordered to return to court for a hearing, it is very important that you attend the court hearing. If you absolutely cannot attend, contact the court clerk immediately and ask how you can get a continuance for a later court date. See the At the Hearing section for ways you can show the judge that you were abused. You can learn more about the court system in our Preparing for Court – By Yourself section. See the MN Finding a Lawyer page for legal referrals.

After the hearing

Can the abuser have a gun?

Once you get an order for protection, there may be laws that prohibit the respondent from having a gun in his/her possession. There are a few places where you can find this information:

  • First, read the questions on this page.
  • Second, go to our State Gun Laws section to read about your state’s specific gun-related laws.
  • Third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.

What will happen to the abuser's firearms if the judge includes a firearm restriction in my order for protection?

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)

What should I do when I leave the courthouse?

Here are some ideas for things that you may want to do when leaving court – you will have to decide which ones work for you:

  • Make several copies of the order for protection as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • One week after court, call your local law enforcement office to make sure they have received copies of the order for protection. If they have not, you may want to ask if you can deliver a copy to them.
  • Take steps to safety plan, including possibly changing your locks and your passwords to online accounts, etc.

Ongoing safety planning is important after receiving the order. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey orders for protection, but some do not. It is important to build on the things you have already been doing to keep yourself safe. For more information, please visit our Safety Planning page. Advocates at local domestic violence organizations can assist you in designing a safety plan and can provide other forms of support.

I was not granted an order for protection. What are my options?

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.

What can I do if the abuser violates the order?

If the abuser violates the order, you can call the police, even if you think it is a minor violation. It can be a crime and contempt of court if the abuser violates the order in any way. An abuser can be arrested, fined, jailed, or ordered to participate in counseling or other appropriate programs.1 Another way to handle a violation is to file a violation petition in which you are asking the judge to hold the abuser in civil contempt for violating the judge’s order. This would be filed in the same court that issued your order.

If you do call the police, it is generally a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it may help you have the order extended or modified.

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

1 Minn. Stat. § 518B.01(14)

How can my order be changed, extended, or vacated?

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)

Can my employer discipline or fire me for taking time off work to file for an order for protection?

Under Minnesota state law, your employer cannot fire, discipline, threaten, penalize, or otherwise discriminate against you because you took a reasonable amount of time off from work to seek an order for protection for domestic abuse.1

If you do need to take time off work to protect yourself or your children from domestic abuse, it is your responsibility to give your employer 48 hours’ advance notice, unless you or your child are in immediate danger or unless giving notice is impractical. Your employer can ask for proof of why you are absent but s/he has to keep all information confidential.1

If your employer does violate this law, s/he can be guilty of a crime. You also have the option of bringing a civil suit for damages against your employer.2

1 Minn. Stat. § 518B.01(23)(a)
2 Minn. Stat. § 518B.01(23)(b), (23)(c)

If I get a protection order, will it show up in an internet search?

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)

Harassment Restraining Orders

Basic info and definitions

What is the legal definition of harassment in Minnesota?

For the purposes of getting a harassment restraining order, harassment is defined as:

  1. a single incident of:
  2. repeated incidents of intrusive or unwanted acts, words, or gestures that have a significant negative effect or are intended to have a significant negative effect on your safety, security, or privacy;
  3. targeted residential picketing; or
  4. a pattern of attending public events after being notified that the person’s presence at the event is harassing to another.1

1 MN Code § 609.748(1)(a)

What types of harassment restraining orders are there? How long do they last?

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)

What protections can I get in a harassment restraining order?

A temporary or final harassment restraining order can order the harasser to:

  • stop harassing you; and
  • have no contact with you.1

1 MN Code § 609.748(4)(a), (5)(a)

Getting a harassment restraining order

Who can file for a harassment restraining order?

Anyone who is a victim of harassment, or the victim’s guardian or conservator, can file for a harassment restraining order (“HRO”) from district court.1 It does not matter what relationship the victim has with the harasser. To see the legal definition of harassment for the purposes of getting an HRO, go to What is the legal definition of harassment in Minnesota?

1 MN Code § 609.748(2)

Can a minor get a harassment restraining order?

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)

Can I get a harassment restraining order against a minor?

What are the steps for getting a harassment restraining order?

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)

How can a harassment restraining order be served?

If you request that a hearing be held, the petition and any temporary restraining order must be personally served on the respondent at least five days before the hearing. If personal service cannot be completed at least five days before the hearing, the court can set a new hearing date.1

Service is usually done by law enforcement (“peace officer”) but it could also be done by a corrections officer, such as a probation officer, court services officer, parole officer, or an employee of a jail or correctional facility.2  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 restraining order.  The short-form notification will have the following instructions to the respondent: “The restraining order is now enforceable. You must report to your nearest sheriff’s office or county court to obtain a copy of the restraining order. 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 restraining order or this short-form notification.”3

Note: If service was attempted by a peace officer but it was unsuccessful because the respondent is avoiding service by hiding or for any other reason, you can file an affidavit with the court to explain what happened.  The judge can then allow the respondent to be “served” by publishing notice of the hearing in the newspaper for one week as well as mailing a copy to the respondent’s home or business if the addresses are known.4

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

How much does it cost to file for a harassment restraining order?

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)

Violation of a harassment restraining order

What happens if the abuser violates the order?

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

What is the punishment for violating the order?

In Minnesota, if a person is guilty of a misdemeanor violation, s/he could be imprisoned for up to 90 days, fined up to $1,000, or both.1

If s/he is found guilty of a gross misdemeanor violation, s/he could be imprisoned for up to one year, fined up to $3,000, or both.2

If the abuser is found guilty of a felony violation, s/he could be imprisoned for more than one year, fined up to $10,000, or both.3  The length of possible jail time and the amount of the potential fine will depend on many factors and will ultimately be determined by the judge.  See What happens if the abuser violates the order? for more information about which violations are considered misdemeanors, gross misdemeanors, or felonies.

1 MN Code § 609.02(3)
2 MN Code §§ 609.0341(1); 609.02(4)
3 MN Code § 609.02(2); see MN Code §§ 609.0341(1); 518B.01(14)(d)

Who can file a contempt of court petition to report a violation to the judge?

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)

Moving to Another State with an Order for Protection

General rules

Can I get my order for protection from Minnesota enforced in another state?

Your Minnesota order can be enforced in other states. The Violence Against Women Act (VAWA), which is a federal law, states that all valid order for protections issued in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories.1 See How do I know if my order for protection is good under federal law? to find out if your order qualifies.

Each state must enforce out-of-state orders in the same way it enforces its own orders. If the abuser violates an out-of-state order, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”

1 See Minn. Stat. § 518B.01(18)(a)(4)

How do I know if my order for protection is good under federal law?

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)

I have a temporary ex parte order. Can it be enforced in another state?

An ex parte temporary order can be enforced in other states as long as the abuser received notice and has/had 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.1

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to go back to the Minnesota court that issued the order and arrange to be at the hearing in person or by telephone if that is an option offered by the court.  However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

1 18 U.S.C. § 2265(b)(2)

 

Getting your order for protection enforced in another state

How do I get my order for protection enforced in another state?

Federal law does not require you to take any special steps to get your order for protection (OFP) enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid OFP is enforceable regardless of whether it has been registered or filed in the new state.1 You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

1 18 U.S.C. § 2265(d)(2)

Do I need anything special to get my order for protection enforced in another state?

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.  
 

Do I need to tell the court in Minnesota if I move?

The law says that a petitioner who has an order for protection is supposed to give notification of a change in residence immediately to the court administrator and to the local law enforcement agency in your new location. If you notify the court administrator of your move, the court administrator is supposed to forward a copy of your order to the law enforcement agency in your new location within 24 hours.1 

Note: An order for protection is enforceable even if you do not notify the court administrator or the appropriate law enforcement agency that you moved.2

If you provide your new address to the court, you can ask them to keep it confidential. It will be kept in a confidential part of your file, and the public will not have access to it. However, your new address could possibly be released to court officials in your new state or law enforcement officials in either Minnesota or your new state. You or the custodian of your child may also request that the information about where your child lives be similarly kept confidential from the public.3

1 Minn. Stat. § 518B.01(13)(b)
2 Minn. Stat. § 518B.01(13)(c)
3 Minn. Stat. § 518B.01(3b)

Can I get someone to help me? Do I need a lawyer?

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.

Enforcing custody provisions in another state

I was granted temporary custody with my order for protection. Can I take my kids out of the state?

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.

I was granted temporary custody with my order for protection. Will another state enforce this custody order?

Custody, visitation, and child support provisions that are included in an order for protection can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1

1 18 USC § 2266

Enforcing Your Out-of-State Order in Minnesota

General rules for out-of-state orders in Minnesota

Can I get my protection order enforced in Minnesota? What are the requirements?

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)

Can I have my out-of-state protection order changed, extended, or canceled in Minnesota?

Generally, only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Minnesota.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. It may be possible to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to your prior state. You may want to contact the clerk of court where you live to find out. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.

If your order does expire while you are living in Minnesota, you may be able to get a new one issued in Minnesota but this may be difficult to do if no new incidents of abuse have occurred in Minnesota. To find out more information on how to get an order for protection in Minnesota, visit our MN Orders for Protection page.

I was granted temporary custody with my protection order. Will I still have temporary custody of my children in Minnesota?

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.

Registering your Out-of-State order in Minnesota

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

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.

 

How do I register my protection order in Minnesota?

To register your order out-of-state protection order, referred to in the law as a “foreign protective order,” you can provide a certified or authenticated copy of your order to the court administrator in the county where you are living or in any of the counties mentioned here, if applicable. You can also request the court that issued the order to send the certified copy directly to the court in Minnesota where you want to register it.1 If the copy you have is not certified or authenticated, you can still file it if you swear in an affidavit that it is an accurate, valid copy.2  

If you need help registering your protection order, you can contact a local domestic violence organization in Minnesota for assistance. To find a lawyer or legal aid program in your area, please visit our MN Finding a Lawyer page.

1 Minn. Stat. § 518B.01(19a)(b)
2 Minn. Stat. § 518B.01(19a)(c)

Do I have to register my protection order in Minnesota in order to get it enforced?

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)

 

Will the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our MN Advocates and Shelters page.

1 18 USC § 2265(d)

Does it cost anything to register my protection order?

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

1 Minn. Stat. §518B.01(3a)

What if I don't register my protection order? Will it be more difficult to have it enforced?

Neither federal law nor state law requires that you register your protection order in order to get it enforced.  However, if your order is not registered, then it will not be entered into the state registry, which might delay enforcement.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Minnesota. To find a list of local domestic violence program, please visit the MN Advocates and Shelters page.