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.1
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.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 (who is age 25 or older) 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)