How to Get a Restraining Order in Minnesota
In Minnesota these are called Order for Protection (OFP) for domestic abuse; Harassment Restraining Order (HRO); Extreme Risk Protection Order (ERPO). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for Minnesota
- Cost
- Filing fees for an Order for Protection are waived. The sheriff and other officers serve the papers without charge to the petitioner. Minn. Stat. §518B.01, subd. 3a, 9a(d); MN Judicial Branch HRO information
- Emergency / temporary orders
- If the petition alleges an immediate and present danger of domestic abuse, the court may grant an ex parte OFP without the respondent present. Minn. Stat. §518B.01, subd. 7
- How long an order lasts
- Up to 2 years, unless the court finds a longer period appropriate. The court can extend an order or grant a new one if the respondent violated an order, you reasonably fear physical harm, the respondent has stalked or harassed you, or the respondent is about to be released from… Minn. Stat. §518B.01, subd. 6(b), 6a
- Where to ask
- District Court in the county where either party lives, where a family court case involving the parties or their children was brought, or where the abuse happened. There is no residency requirement. Minn. Stat. §518B.01, subd. 3, 4(f)
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | Order for Protection (OFP) under the Domestic Abuse Act, for abuse between family or household members; Harassment Restraining Order (HRO), available regardless of relationship (including a single physical or sexual assault, or sharing private sexual images); and Extreme Risk Protection Orders, covered on the courts' Firearms help topic. Each can begin with an ex parte (temporary) order. |
|---|---|
| Who can ask for an order | An OFP is for family or household members: a spouse or former spouse; people in a significant romantic or sexual relationship; parents and children; people related by blood; people who live or have lived together; and people who have or are expecting a child together. An HRO can be sought against anyone, with no relationship required. |
| Where to ask | District Court in the county where either party lives, where a family court case involving the parties or their children was brought, or where the abuse happened. There is no residency requirement. You can create and eFile the forms through Minnesota Guide & File, or use the court's OFP forms packets; the court must provide simplified forms and clerical help. A domestic abuse advocate can help with the process. |
| Cost | Filing fees for an Order for Protection are waived. The sheriff and other officers serve the papers without charge to the petitioner. (A Harassment Restraining Order may have a filing fee, which can be waived depending on the facts or income.) |
Emergency orders and the hearing
| Emergency / temporary orders | If the petition alleges an immediate and present danger of domestic abuse, the court may grant an ex parte OFP without the respondent present. It can order no abuse, no contact, exclusion from the home and workplace, and care of pets. An ex parte order lasts for the period the court sets (generally up to 2 years) or until changed after a hearing. It expires if the respondent is not personally served within 14 days (or by publication within 28 days). Source: Minn. Stat. §518B.01, subd. 7 |
|---|---|
| Serving the order | At the petitioner's request, the sheriff of the county where the respondent lives or is present must serve the papers, without charge to the petitioner. Other peace officers and corrections officers may also serve. If the respondent is avoiding service, service by published notice is possible. |
| The court hearing | If no ex parte order is issued, a hearing is held within 14 days. If an ex parte order is issued and you ask for more relief (such as custody or support), the hearing is within 7 days. If the ex parte order gives only the basic relief, a hearing happens only if requested; if the respondent requests one, it is held within 10 days. Continuances are generally limited to 5 days, and the ex parte order stays in effect meanwhile. Source: Minn. Stat. §518B.01, subd. 5 |
| How long an order lasts | Up to 2 years, unless the court finds a longer period appropriate. The court can extend an order or grant a new one if the respondent violated an order, you reasonably fear physical harm, the respondent has stalked or harassed you, or the respondent is about to be released from incarceration; imminent harm does not have to be shown. Orders of up to 50 years are possible if the respondent violated orders two or more times or you have had two or more orders against the same person. |
What the order does
| What an order can require | Restrain further abuse; exclude the abuser from the shared home, your residence and a surrounding area, and your workplace; order no contact by any means; award temporary custody and parenting time (with restrictions for safety); set temporary child or spousal support; order counseling or a domestic abuse program; award temporary use of property; order restitution; keep insurance in place; and decide care of pets. Source: Minn. Stat. §518B.01, subd. 6(a) |
|---|---|
| Firearms | An order that restrains harassment, stalking or threats and includes a credible-threat finding (or bars use of physical force) must prohibit the abusing party from possessing firearms while it is in effect, and the court orders them transferred within 3 business days to a licensed dealer, law enforcement, or an eligible third party who does not live with them. Source: Minn. Stat. §518B.01, subd. 6(g) |
| If the order is violated | Knowingly violating an OFP is a misdemeanor with at least 3 days in jail, and also contempt of court. It is a gross misdemeanor within 10 years of a prior domestic-violence-related conviction, and a felony (up to 5 years and/or $10,000) after two or more prior convictions within 10 years or if the person has a dangerous weapon. Police must arrest without a warrant on probable cause, and the person is held at least 36 hours unless a judge releases them sooner. Source: Minn. Stat. §518B.01, subd. 14 |
Children and privacy
| Minors and children | A family or household member or guardian may file on behalf of minor family or household members (or a reputable adult 25 or older, if the court finds it in the child's best interests). A minor 16 or older may file on their own behalf against a spouse, former spouse, or someone they have a child with, if the court finds sufficient maturity. For an HRO, an adult may file for their minor children. |
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| Keeping your address private | Minnesota's Safe at Home program, run by the Secretary of State, certifies people who fear for their safety (including victims of domestic violence, sexual assault, harassment or stalking) to use a designated address. In an OFP case, on request, the court keeps the petitioner's location or residence information out of public access, and you can give your address on a separate form instead of the petition. |
Forms and help in Minnesota
- Minnesota courts: protective order help
- Official Minnesota protective order forms
- Violence Free Minnesota (statewide advocacy directory, listed by the Minnesota Judicial Branch); Domestic Violence Crisis Line — (866) 223-1111 (Domestic Violence Crisis Line, as listed by the Minnesota Judicial Branch)
- Free legal aid in Minnesota
Minnesota protective order FAQ
What kinds of protective orders are available in Minnesota?
Order for Protection (OFP) under the Domestic Abuse Act, for abuse between family or household members; Harassment Restraining Order (HRO), available regardless of relationship (including a single physical or sexual assault, or sharing private sexual images); and Extreme Risk Protection Orders, covered on the courts' Firearms help topic. Each can begin with an ex parte (temporary) order.
Who can get a restraining order in Minnesota?
An OFP is for family or household members: a spouse or former spouse; people in a significant romantic or sexual relationship; parents and children; people related by blood; people who live or have lived together; and people who have or are expecting a child together. An HRO can be sought against anyone, with no relationship required.
Where do I file for a restraining order in Minnesota?
District Court in the county where either party lives, where a family court case involving the parties or their children was brought, or where the abuse happened. There is no residency requirement. You can create and eFile the forms through Minnesota Guide & File, or use the court's OFP forms packets; the court must provide simplified forms and clerical help. A domestic abuse advocate can help with the process.
Does it cost money to get a restraining order in Minnesota?
Filing fees for an Order for Protection are waived. The sheriff and other officers serve the papers without charge to the petitioner. (A Harassment Restraining Order may have a filing fee, which can be waived depending on the facts or income.)
How fast can I get an emergency protective order in Minnesota?
If the petition alleges an immediate and present danger of domestic abuse, the court may grant an ex parte OFP without the respondent present. It can order no abuse, no contact, exclusion from the home and workplace, and care of pets. An ex parte order lasts for the period the court sets (generally up to 2 years) or until changed after a hearing. It expires if the respondent is not personally served within 14 days (or by publication within 28 days).
What happens at the restraining order hearing in Minnesota?
If no ex parte order is issued, a hearing is held within 14 days. If an ex parte order is issued and you ask for more relief (such as custody or support), the hearing is within 7 days. If the ex parte order gives only the basic relief, a hearing happens only if requested; if the respondent requests one, it is held within 10 days. Continuances are generally limited to 5 days, and the ex parte order stays in effect meanwhile.
How long does a restraining order last in Minnesota?
Up to 2 years, unless the court finds a longer period appropriate. The court can extend an order or grant a new one if the respondent violated an order, you reasonably fear physical harm, the respondent has stalked or harassed you, or the respondent is about to be released from incarceration; imminent harm does not have to be shown. Orders of up to 50 years are possible if the respondent violated orders two or more times or you have had two or more orders against the same person.
What can a protective order do in Minnesota?
Restrain further abuse; exclude the abuser from the shared home, your residence and a surrounding area, and your workplace; order no contact by any means; award temporary custody and parenting time (with restrictions for safety); set temporary child or spousal support; order counseling or a domestic abuse program; award temporary use of property; order restitution; keep insurance in place; and decide care of pets.
Does a protective order affect firearms in Minnesota?
An order that restrains harassment, stalking or threats and includes a credible-threat finding (or bars use of physical force) must prohibit the abusing party from possessing firearms while it is in effect, and the court orders them transferred within 3 business days to a licensed dealer, law enforcement, or an eligible third party who does not live with them.
How is a restraining order served in Minnesota?
At the petitioner's request, the sheriff of the county where the respondent lives or is present must serve the papers, without charge to the petitioner. Other peace officers and corrections officers may also serve. If the respondent is avoiding service, service by published notice is possible.
What happens if someone violates a protective order in Minnesota?
Knowingly violating an OFP is a misdemeanor with at least 3 days in jail, and also contempt of court. It is a gross misdemeanor within 10 years of a prior domestic-violence-related conviction, and a felony (up to 5 years and/or $10,000) after two or more prior convictions within 10 years or if the person has a dangerous weapon. Police must arrest without a warrant on probable cause, and the person is held at least 36 hours unless a judge releases them sooner.
Can a minor get a restraining order in Minnesota?
A family or household member or guardian may file on behalf of minor family or household members (or a reputable adult 25 or older, if the court finds it in the child's best interests). A minor 16 or older may file on their own behalf against a spouse, former spouse, or someone they have a child with, if the court finds sufficient maturity. For an HRO, an adult may file for their minor children.
Can I keep my address confidential in Minnesota?
Minnesota's Safe at Home program, run by the Secretary of State, certifies people who fear for their safety (including victims of domestic violence, sexual assault, harassment or stalking) to use a designated address. In an OFP case, on request, the court keeps the petitioner's location or residence information out of public access, and you can give your address on a separate form instead of the petition.
Protective orders in other states
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