How and When to Obtain an Order for Protection (OFP) in Minnesota
Understanding the Order for Protection (OFP)
An Order for Protection (OFP) is a legal tool available to victims of domestic violence in Minnesota. It is designed to protect individuals from abusive family or household members. An OFP can prohibit the abuser from contacting or coming near the victim, their residence, workplace, or school. Additionally, an OFP may grant temporary custody and visitation rights for the victim's children. Violating an OFP can result in serious legal consequences for the abuser.
When to Seek an OFP
Immediate Danger: If you or someone you know is in immediate danger due to domestic abuse, call 911 for emergency assistance. Seeking an OFP is crucial when safety is at risk.
Ongoing Abuse: If you are experiencing a pattern of abuse or have suffered repeated incidents of domestic violence, an OFP can provide you with legal protection.
Fear of Future Harm: Even if you are not in immediate danger but fear future harm from an abusive family or household member, you can seek an OFP to establish a legal boundary.
Child Safety: If you have concerns about the safety of your children in the presence of an abusive partner, an OFP can include provisions related to child custody and visitation.
How to Obtain an OFP in Minnesota
Consult with an Attorney: While not required, seeking legal counsel is highly recommended when pursuing an OFP. An attorney can guide you through the process and help ensure your rights are protected.
Visit the County Courthouse: You will need to go to the county courthouse in the county where you or the abuser resides to initiate the OFP process.
Complete the Necessary Forms: You will need to fill out the appropriate forms, including the Petition for an Order for Protection. The court clerk can provide you with the necessary paperwork.
Describe the Abuse: In your petition, describe the specific instances of abuse, including dates, times, and locations, to help the court understand the nature and severity of the situation.
Request a Hearing: You can request an ex parte (emergency) hearing if there is an immediate danger to your safety. If the court grants the ex parte order, it can provide temporary protection until a full hearing can be held.
Attend the Hearing: If a hearing is scheduled, be prepared to present your case to the judge. Bring any evidence, such as photographs, medical records, or witness statements, to support your claims.
Follow Through: Once the OFP is granted, it is crucial to take it seriously. Inform your local law enforcement about the order and have copies readily available. Keep documentation of any violations.