An order of protection (OFP), commonly known as a protective order, is a legal directive to prevent domestic abuse within families or households. It can forbid you from engaging in further violence, bar you from entering the home of the person who requested the order and restrict your presence at their workplace. It might also stop you from owning guns. If you have children, it can set limits to visits with your children or prevent them entirely.
What are your options if you get an OFP?
In Minnesota, family courts handle these orders rather than criminal courts. To contest an OFP, a person must:
- Ask for a hearing: They can request a court hearing within five days of receiving the temporary order. The person who filed the OFP must receive a notice at least 30 days before the hearing.
- Show proof: During the hearing, they must demonstrate that the claims are not true, that things have significantly changed, or that the reasons for the OFP are no longer valid.
- Submit a motion: If the OFP has been active for five years without issues, they can file a legal request to change or cancel it.
Note that breaking the OFP rules at any time throughout this process can lead to arrest, jail time, and fines. The consequences get more severe for multiple violations or using a dangerous weapon.
You have a right to defend yourself
The main goal of an OFP is to protect victims of domestic violence. However, some orders can be based on false accusations or misunderstandings. You have the right to prove your innocence, but the process of doing that can differ based on your particular situation. It’s wise to get advice from an attorney who knows how to handle them.