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How do I get a restraining order in Minnesota?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Minnesota separates domestic abuse OFPs from civil harassment HROs.

1. Types of Protective Orders

  • Order for Protection (OFP) — Minn. Stat. § 518B.01 (Domestic Abuse Act).
  • Harassment Restraining Order (HRO) — § 609.748 (non-family stalking, harassment).
  • Extreme Risk Protection Order (ERPO) — § 624.7172 (red flag, effective Jan 2024).
  • No standalone workplace violence statute — pursued through HRO if it meets stalking/harassment definition.

    • 2. Eligibility

    OFP requires "family or household member" (§ 518B.01 subd. 2(b)): spouses/former spouses, parents/children, persons related by blood, persons currently or previously residing together, persons with a child in common, significant romantic/sexual relationship (significance determined by 5 factors). HRO requires no relationship.

    3. Filing

    File in District Court of county where petitioner or respondent resides, or where abuse occurred. No filing or service fee for OFP (§ 518B.01 subd. 3a); HRO has filing fees that may be waived.

    4. Emergency / Ex Parte

    Same-day review. Standard: "immediate and present danger of domestic abuse" (§ 518B.01 subd. 7). Ex parte OFP lasts up to 14 days until full hearing (extendable).

    5. Full Hearing

    Held within 14 days. Preponderance standard. Respondent personally served. Both parties present testimony, exhibits, witnesses; cross-examination available.

    6. Permanent Order Duration

    Up to 2 years standard (§ 518B.01 subd. 6a); up to 50 years if respondent has prior OFP violations, used a dangerous weapon, or has prior DV-related convictions (§ 518B.01 subd. 6a(b)). Renewable.

    7. Enforcement

    Violation is misdemeanor under § 518B.01 subd. 14 (up to 90 days jail and $1,000 fine); gross misdemeanor for second within 10 years; felony for third within 10 years or violation with dangerous weapon. Officers shall arrest on probable cause (§ 518B.01 subd. 14(d)). Firearm surrender under § 518B.01 subd. 6(g); federal prohibition under 18 U.S.C. § 922(g)(8).

    8. Modification / Vacating

    Either party may motion to modify under § 518B.01 subd. 11; court reviews safety and changed circumstances.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent has retained counsel for the 14-day hearing
    • Custody, parenting time, or possession of the residence is at issue
    • Permit to carry, peace-officer firearm, or 50-year OFP duration is at stake
    Related Statutes & Laws
    • Minn. Stat. § 518B.01
    • Minn. Stat. § 609.748
    • Minn. Stat. § 624.7172
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.