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Temporary Restraining Order Requirements In Minnesota
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There are three different kinds of restraining orders in Minnesota, including Harassment Restraining Orders (HRO), Orders for Protection (OFP), and Domestic Abuse No Contact Orders (DANCO).
An OFP is a kind of restraining order that is intended to stop family violence, which includes physical harm or threat of immediate physical harm. An OFP is not a criminal procedure, but rather is a civil matter handled by the family court.
Minnesota Restraining Orders causing physical harm, bodily injury, assault or making you afraid of immediate (imminent) physical harm, bodily injury or assault; terrorist threats, such as threats to commit a crime of violence, bomb threats, or showing (brandishing) a firearm;
An HRO can be issued without notice to the alleged harassing party, but once they receive notice a hearing is set so that they have the opportunity to dispute the order. An Order for Protection (OFP), on the other hand, deals specifically with domestic violence.
Persons involved in or who were involved in a significant romantic or sexual relationship (regardless of sexual orientation). ing to Minnesota law, to qualify for an OFP, the situation must include “domestic abuse” and “family or household members” as defined above.
Use Minnesota Guide & File to create the forms you need to Ask for a MN Restraining Order – either an Order for Protection or Harassment Restraining Order. You can file the forms electronically (eFile) through Guide & File, or print your completed forms. For more information, visit our Guide & File Help Topic.
Protection orders are generally in place when there is no pending criminal case. However, in many cases, a person will seek a protection order prior to a situation where law enforcement gets involved. Then, later, when a criminal act occurs a no contact order is then requested by the prosecutor.
Under the law in Minnesota, harassment takes place when someone knowingly engages in acts or behaviors that adversely impact the person who is the focus of those acts or behaviors. Under the law, if the victim is made to feel a certain way on purpose by the defendant, then it constitutes harassment: Threatened.