Order for Protection Basics
April 28, 2012 - by Eric Anderson
An Order for Protection (OFP) is a remedy under Minn. Stat. 518B for people who want to stop domestic abuse. An OFP is a civil remedy brought in family court and can result in no contact orders, temporary parenting time, temporary child support, temporary custody, exclusion from the home, temporary use of property, as well as other remedies. OFPs last for a fixed time, often up to two years, and can be issued for longer periods in some circumstances.
What is considered domestic abuse? Under the statute, domestic abuse is committed by a family/household member against a family/household member and is defined as (1) physical harm, bodily injury, or assault; (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or (3) terroristic threats, criminal sexual conduct, or interference with an emergency call. If actual physical harm is not present, there must be some overt action by the abuser that indicates the abuser presently intended to put the petitioner in fear of imminent physical harm.
Who can petition for an OFP? "Family or household members" have the right to petition for an Order for Protection. They are defined as: (1) spouses and former spouses; (2) parents and children; (3) persons related by blood; (4) persons who are presently residing together or who have resided together in the past; (5) persons who have a child in common regardless of whether they have been married or have lived together; (6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together; and (7) persons involved in a significant romantic or sexual relationship. If the abuse is alleged to have been committed against a child, often the parent of the child will bring the petition "on behalf of" the minor child."
OFPs have significant impact on divorce and child custody proceedings. If a court makes a finding of domestic abuse, that finding may preclude a court from awarding joint physical custody of the parties' children. In addition, violation of an OFP is considered a crime. Therefore, if you have been served with an Order for Protection, it is very important to know your options for responding to such an Order.
If you believe you have been the victim of domestic abuse and wish to seek an Order for Protection, it is a good idea to speak with an attorney to make sure you proceed correctly. Likewise, if you have been served with an Order for Protection, it is a good idea to speak with an attorney right away - as there is a short timeline to respond and several different options for response depending on your circumstances.