Legal Information: Minnesota

Restraining Orders

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August 6, 2020

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

After you finish filling out your petition, bring it to the court clerk. If you are in immediate danger, the judge can order 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 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 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. She must request the hearing within five days of service of the order upon him/her.1

1 Minn Stat § 518B.01(7)(c)

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