Protective Orders in Minneapolis

Understanding Protective Orders in Minnesota Domestic Violence Cases

Minnesota has a process aimed at quickly providing relief to victims of domestic abuse. These victims may obtain, without notice to the other party, an ex parte Order for Protection. When signed by a judge, the order will direct the county sheriff to immediately remove the alleged abuser from the home – usually with no warning and with only a few minutes to gather some personal belongings. 

The order may also award temporary custody of any shared children to the alleged victim, pending a hearing. 

In some cases, a two-year Order for Protection may be granted unless a hearing is requested by the alleged abuser. If children are involved or a party has been excluded from a residence, an initial hearing within five days may be required. 

At the hearing, the alleged abuser may: 

• Admit the allegations
• Agree to the order without admitting or denying the allegations
• Agree to the order while denying the allegations
• Deny the allegations outright and request a full evidentiary hearing

Because these orders move quickly, many people feel overwhelmed trying to navigate the forms, filing requirements, and deadlines on their own. We help clients understand how an Order for Protection will interact with any existing or future family court case, such as divorce or custody proceedings, and what evidence will be most persuasive to the judge. When you work with our firm, you have a protective orders attorney who can explain your options step by step and prepare you for each stage, from the initial filing to the final hearing.

What to Expect in Domestic Violence Evidentiary Hearings

In an evidentiary hearing, both the alleged victim and abuser, with witnesses, may testify. This hearing must take place within 14 days unless the alleged abuser agrees to a time extension. 

In evidentiary hearings, the burden of proving the abuse rests on the alleged victim. She/he must establish either physical harm or that the alleged abuser made threats causing fear of imminent harm, bodily injury, or assault. 

In certain instances, this burden may be easy to establish – especially if physical evidence of an assault exists. More difficult to establish are cases where the alleged abuser threatened imminent harm. Such cases are determined by which party’s testimony is more credible. 

If the court finds that domestic abuse has occurred, an Order for Protection is issued, valid for up to a year and occasionally longer. These orders may provide economic relief as well as custody to victims along with other conditions applicable to the abuser.

Individuals who violate protective orders may be immediately arrested and jailed. Certain violations can result in a felony conviction, imprisonment of up to five years, a fine of up to $10,000, and loss of gun rights while the order is in force. 

Protective orders may be extended beyond their terms, by establishing any of the following: 

• A violation of the order during its term;
• A reasonable fear of harm;
• That the abuser engaged in stalking;
• That the abuser has been incarcerated and is about to be or has been released from jail.

At an evidentiary hearing, we help clients organize documents, text messages, emails, photographs, medical records, and witness testimony so the judge can clearly understand the pattern of behavior at issue. We also explain courtroom procedures in Ramsey County, Hennepin County, and other local courts so you know when you will testify, how cross-examination works, and what kinds of questions you are likely to face. This preparation can reduce anxiety and allows you to focus on telling your story clearly and calmly.

Seeking Harassment Orders in Minnesota

Harassment orders may be sought in circumstances where the parties’ relationship or the alleged abuse does not fit the legal parameters of domestic violence. The threshold for obtaining a harassment order includes stalking, repeated intrusive threats, or contacts invading one’s privacy. The key is that the conduct must be repeated; a single incident of harassment typically will not justify a harassment order.

The procedure for obtaining a harassment order is similar to that for a protective order. It includes the issuance of an ex parte order and subsequent hearing before a final order may be issued.

Many people are unsure whether their situation belongs in a domestic abuse case or in a harassment case, especially when the conduct occurs online or through social media. We listen carefully to what has happened, review any police reports, and then advise you on which type of order is more likely to fit the legal definitions used by Minnesota courts. By working with a restraining order lawyer who knows the local statutes and procedures, you can avoid missteps that might delay the protection you are seeking or affect your credibility with the judge.

How Protective Orders Affect Related Family Law Issues

An Order for Protection rarely exists in a vacuum. It can affect where you live, when you see your children, and how money is managed while a case is pending. If you already have a divorce or custody case in Hennepin County or another Twin Cities county, or you expect to file one, it is important to think about how a protective order will interact with those proceedings. We help you look at the whole picture so that decisions made in a domestic abuse case do not unintentionally harm your position in related family law matters.

For parents, a protective order can influence temporary or permanent parenting time, pick-up and drop-off locations, and communication methods between households. For spouses or partners, it may affect who stays in the home, who pays certain bills, and how business interests or retirement accounts are protected while other claims are pending. When you work with our firm, you have a restraining order attorney who understands how to coordinate strategy across the family court and domestic abuse calendars so that your safety and long-term goals stay aligned.

We also talk with you about practical steps to take outside the courtroom, such as documenting exchanges, saving electronic communications, and working with advocates or counselors when appropriate. In Minneapolis and the surrounding communities, there are local resources and advocacy agencies that can support your safety planning while we handle the legal process. By combining community support with a clear legal approach, we strive to put you in the strongest possible position as your case moves forward.

Contact Us for Assistance with Protective and Harassment Orders