If you’re dealing with an order for protection (OFP) in Minneapolis, you’re probably starting to realize how it can affect many parts of your life. OFPs impact family law matters, such as parenting time and custody, but they also include criminal allegations.
Carson, Clelland & Schreder understands how common it is for someone going through a divorce to suddenly find themselves dealing with an OFP or similar criminal charge. We can use the Minneapolis divorce laws to navigate this situation.
Orders for Protection in Minnesota
An OFP is issued by the court. It is designed to protect individuals who claim to have experienced domestic abuse from a family member or another person in the household. Minnesota’s Domestic Abuse Act defines abuse as physical or bodily harm, threats of harm, criminal sexual conduct, or interference with emergency calls.
Intimate partner violence occurs at a rate of about one in four women and one in seven men. The National Network to End Domestic Violence reported that 47 domestic violence programs in the state served a total of 1,561 domestic violence victims within 24 hours in 2024. These figures demonstrate just how common these charges can be and how OFPs can result.
An OFP requires the accused to stay away from the alleged victim and their home or workplace. If they share a residence, they must vacate. They must also surrender any firearms and follow temporary custody or parenting restrictions.
For residents, OFP petitions are typically filed in the Hennepin County District Court. These petitions involve describing the alleged abuse. Then, a judge reviews the petition and issues a temporary OFP if necessary. It’s not required that they inform the other party first.
The OFP recipient is then served notice of the OFP, and a hearing is scheduled. There, both parties are present to present evidence. A final order details the specifics of the protective order and how long it will last.
Orders for Protection and Divorce
It’s rather common for OFP cases and divorce to occur at the same time. Many spouses file for OFP right before or during divorce proceedings. The timing of these filings can affect custody arrangements, how property is divided, and whether spousal support is awarded.
An OFP also requires the accused spouse to leave the marital home, which can:
- Keep you from accessing certain belongings.
- Make parenting more challenging.
- Affect financial responsibilities.
Since the courts prioritize a child’s well-being when handling issues of parenting time and custody, the courts will certainly consider an OFP.
The Intersection Between Family Law and Criminal Law
A divorce falls under family law. However, when there are allegations of abuse in any form, criminal law also applies. Oftentimes, an order for protection (OFP) in Minneapolis is followed by domestic assault charges during the divorce process. The overlap can make for a much more complicated legal process, as what happens in one case can greatly affect the other.
Even if an OFP doesn’t result in domestic violence charges, violating the OFP can still lead to criminal penalties in Minnesota.
Why Hire a Divorce Lawyer at CC&S Attorneys at Law?
The overlap between family law and criminal law can be difficult to navigate on your own. CC&S Attorneys at Law has extensive experience in handling both aspects. We can create one unified strategy that spans both cases and protects your legal rights.
We have a strong familiarity with the Hennepin County courts, both in the family law and criminal law venues, which helps us tailor our legal strategy to your specific needs. Many of our family law attorneys have worked previously as criminal prosecutors on behalf of our municipal clients. We can help you respond appropriately to an OFP petition, prepare for hearings, and protect your parental rights if children are involved.
Because OFP hearings happen quickly, early intervention is essential. A divorce attorney from our team can challenge the evidence against you, seek out new evidence and witness testimony, and demonstrate inconsistencies within the case. This comprehensive approach is aimed at addressing every angle of your case with your future in mind.
FAQs
What Qualifies for an Order of Protection in Minnesota?
To qualify for an order of protection in Minnesota, the petitioner needs to show that domestic abuse occurred. Courts evaluate all details and issue a temporary (ex parte) order quickly if they believe it’s necessary to protect the alleged victim. They’ll examine evidence, such as police reports, medical records, and witness statements.
How Long Does It Take to Get an Order of Protection in Minnesota?
The timeline for obtaining an order for protection in Minnesota is fairly short. A petition is filed with the local court system, and then it’s reviewed by a judge. If they believe it necessary, they may issue an immediate temporary order ex parte. If requested by either party, a full hearing happens soon after, where both parties can present their evidence. The court then decides whether or not a permanent OFP should issue and if so how long the OFP should last.
How Much Does It Cost to File an Order of Protection in Minnesota?
There is no cost to file an order of protection in Minnesota. This gives victims the ability to seek protection without worrying about the cost. There may be indirect expenses, however. These could include the cost of hiring legal representation, gathering evidence, and attending future court hearings if necessary.
How Do I Get a No-Contact Order in Minnesota?
You can get a no-contact order in Minnesota by filing for one with the courts using the Order for Protection (OFP) or Harassment Restraining Order (HRO) processes to secure civil no-contact orders. A prosecutor may also sometimes request a no-contact order after domestic assault charges are filed in a criminal matter. In addition, the court itself may request a no-contact order after the first court appearance. Criminal No-contact orders vary from orders of protection, as a no-contact order is a part of the criminal case and often controlled by the Judge and prosecutor with input from the victim.
Contact CC&S Attorneys at Law Today
If you’re facing an order for protection (OFP) in Minneapolis, don’t wait to seek legal help. Divorce, custody, and criminal allegations can create a complicated case that’s difficult to navigate on your own.
CC&S Attorneys at Law can address both family and criminal matters together. We can explain your rights and options for each process. No matter if you’re responding to an OFP or defending against related charges within a divorce, our team can guide you through the situation with confidence.
Contact us today to schedule a consultation and hire a divorce lawyer who can help you move forward with clarity.
