Restraining Orders

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.

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, although either side may request a continuance in any of the circumstances. The court will notify you of the hearing by mail³ and you would need to go to the hearing in order to present evidence as to why the order should continue. Note: If 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 parties (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 modify (change) 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)