Am I eligible to file for an order for protection?
You can file for an order for protection for 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 (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)