Legal Information: Minnesota

Restraining Orders

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Updated: 
August 15, 2016

Am I eligible to file for an order for protection?

You can file for an order for protection for yourself and/or your minor child against any of the following people who have committed domestic violence against you or the 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 (if the female in the couple is currently pregnant)
  • someone with whom you have/had a significant romantic or sexual relationship.* 

Note: If you are a "reputable adult" who is at least 25 years old, you can file on behalf of a minor child who is a family or household member of yours but not your biological child.**

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 (who is age 25 or older) file on their behalf.**

If you do not qualify for an order for protection, you may be able to file for a Harassment Restraining Order.

* Minn. Stat. § 518B.01(2)(b)
** Minn. Stat. § 518B.01(4)(a)