How To Get A Restraining Order In Minnesota

A Minnesota restraining order, also known as a protective order, is a legal directive that prohibits one person (the restrained) from contacting or approaching another person (the protected) or their property. It is intended to prevent harm, harassment, or violence. These orders are issued by Minnesota courts when the petitioner demonstrates a risk to their safety or well-being.

The legal basis for restraining orders in Minnesota is outlined in Minnesota Statutes Chapter 518B.01 (Domestic Abuse Act) and § 609.748 (Harassment; Restraining Order), as well as in Minnesota Rules of Civil Procedure 65. Together, these laws outline the procedures for obtaining and enforcing such orders. Once granted, a restraining order becomes part of Minnesota civil court records, including all filings and related court actions.

Types Of Restraining Orders in Minnesota

Minnesota courts issue four types of restraining (or protective) orders:

• Order for Protection (OFP): Issued under Minn. Stat. § 518B.01 to protect individuals from domestic abuse by a family or household member (e.g., spouse, co-parent, or partner).
• Harassment Restraining Order (HRO): Issued under Minn. Stat. § 609.748 to protect individuals from harassment, assault, stalking, or other unwanted contact by someone with whom the victim does not have a domestic relationship.
• Domestic Abuse No Contact Order (DANCO): A criminal court order issued during or after a domestic abuse arrest or conviction, prohibiting contact with the victim. The court, not the victim, initiates a DANCO.
• Extreme Risk Protection Order (ERPO): Issued under Minn. Stat. § 624.7171, an Extreme Risk Protection Order (ERPO), or "red flag" law, is a civil court order that temporarily removes a person's access to firearms if they are deemed a significant danger to themselves or others. Family, law enforcement, and others can petition the court in cases of mental health crises or concerning behavior.

Under Minnesota Statutes § 609.748, Subd. 6 (for HROs) and § 518B.01, Subd. 14 (for OFPs), violating a restraining order is a criminal offense (misdemeanor) punishable by jail time, fines, or both.

Are Restraining Orders Public Record In Minnesota?

Yes. In Minnesota, restraining orders (e.g., OFPs and HROs) are generally public records and can be viewed or copied by the general public, including employers and landlords, at courthouses. However, certain documents within a restraining order case file (e.g., Law Enforcement Information Sheet and Petitioner's Request to Keep Address/Phone Confidential, including other sensitive information) will be restricted from public disclosure.

While restraining orders are available to the public at district courthouse terminals, they are not accessible online through the Minnesota Court Records Online (MCRO) due to federal privacy laws, like the Violence Against Women Act (VAWA) prohibiting domestic abuse (OFP) and harassment restraining order (HRO) cases from appearing on the internet.

How To Lookup Restraining Orders In Minnesota

Each Minnesota district courthouse has a public access terminal for viewing court records. They also offer in-person access to locally stored paper records. Interested parties should visit a district courthouse in Minnesota where a restraining order case was filed to view or copy the restraining order files. Fees may apply for copies. Note that, due to privacy laws, restraining orders are not publicly accessible online via Minnesota Court Records Online (MCRO).

While restraining orders are considered public records under the law, certain information and documents may be sequestered from public access to protect privacy and safety. Also, courts may seal a record if a petitioner withdraws before a hearing or if the respondent successfully petitions for expungement under Minn. Stat. ch. 609A. The public cannot access sealed or expunged records. Law enforcement agencies can search for and verify active orders through portals like QDP, QP, and QPO via the Minnesota Bureau of Criminal Apprehension.

Can You Lookup A Restraining Order Online?

No. In Minnesota, the public cannot lookup restraining orders online. The Minnesota Court Records Online (MCRO) system provides access to court records across the state; however, it excludes Domestic Abuse Orders for Protection (OFPs) and Harassment Restraining Orders (HROs) due to federal privacy laws. Instead, to view or obtain copies of a restraining order, individuals must visit the district courthouse where the petition was filed and use the public access terminal or request in-person access to the locally stored paper record of the order.

Law enforcement, on the other hand, can search for restraining orders via their portals (e.g., QDP, QP, QPO) or through vendor systems connected to the Law Enforcement Message Switch (LEMS). These portals are restricted to law enforcement personnel with proper certification and agency clearance. As such, the general public cannot directly access them. However, involved parties may obtain information about a restraining or protection order from the agency that served the order. For example, a sheriff's office may retain a copy of a served HRO.

How To File A Restraining Order In Minnesota

To file a restraining order in Minnesota:

Step 1: Determine case type and complete the necessary forms.

A petitioner must first determine the type of restraining order they need (e.g., an Order for Protection or a Harassment Restraining Order) and then proceed to fill out the required form or paperwork for their petition. The forms for restraining orders are available through the Minnesota Courts forms website or at district courthouses. They can be completed by hand or online using the site's "Fillable Smart Forms".

For Harassment Restraining Orders (HRO), the required forms include:

• Petition for Harassment Restraining Order (HAR102)
• Law Enforcement Information Sheet – Harassment (HAR103)
• Petitioner's Request to Keep Address/Phone Confidential (HAR104)
• Request for Hearing (HAR301)

For Order for Protection (OFP) in domestic abuse cases, the forms are:

• Petition for Order of Protection (OFP102)
• Law Enforcement Information Sheet (OFP105)
• Petitioner's Request to Keep Address/Phone Confidential (OFP107-P)

Step 2: File at the District Court.

File the completed forms with the district court in the county where either the petitioner or the abuser (or harasser) lives or where the abuse (or harassment) happened. A judge will review the petition and decide whether to issue an ex parte temporary order.

Step 3: Serve the Order and Related Paperwork.

The petition and any temporary restraining order must be served on the respondent. This can be done by a peace officer or a corrections officer (e.g., probation, parole, or jail staff). The server then completes a "Proof of Service", which must be returned to the court to show that a restraining order and related paperwork have been legally delivered to the respondent.

Step 4: Attend the Hearing.

Otherwise, the petitioner should contact the court clerk to request a continuance if they're unable to attend the hearing. At the hearing, both parties are expected to present evidence and testimony. The judge decides whether to issue a final restraining order based on evidence.

Can You File A Restraining Order For No Reason In Minnesota?

No. Minnesota courts require specific legal grounds to issue a restraining order. Under Minn. Stat. § 609.748, a harassment restraining order requires proof of either a single act of physical or sexual assault or repeated intrusive behavior that would cause a reasonable person to feel threatened, intimidated, or seriously alarmed. Petitions lacking such substance are denied.

What Proof Do You Need For A Restraining Order In Minnesota?

To obtain a restraining order in Minnesota, the petitioner must show evidence of abuse, harassment, or potential violence. Temporary (ex parte) orders may be issued if sworn statements or supporting evidence, such as 911 call logs, medical records, witness testimony, or threatening messages, demonstrate immediate danger.

For a final order, both parties must present testimony and evidence at a hearing. Courts require clear and convincing proof, such as:

• Incident details with dates and specific actions (e.g., stalking, threats)
• Threatening messages (texts, voicemails, emails)
• 911 call records
• Police report
• Medical or mental health records
• Eyewitness testimonies
• Photos of injuries or property damage.

How Long Does It Take To Get A Restraining Order In Minnesota?

The time it takes to obtain a restraining order in Minnesota can vary. Typically, a temporary restraining order can be issued the same day the petition is filed if the judge believes the petitioner is in immediate danger. Otherwise, a full hearing is scheduled within 7 to 20 days of filing to decide on a final order.

How Long Does A Restraining Order Last In Minnesota?

The duration of restraining orders in Minnesota vary:

• A temporary (ex parte) restraining order lasts until a hearing is held within 7 to 20 days of petition.
• A final restraining order lasts up to two years. However, in harassment cases, the court may extend the order (HRO) up to 50 years if the respondent has had two or more previous restraining orders or has violated a restraining order at least twice.

Note: Once a final order expires, the petitioner can request to have it extended if they need further protection.

How Much Does A Restraining Order Cost in Minnesota?

In Minnesota, the cost for restraining orders varies by order type. However, due to fee waivers and exemptions, a petitioner may likely pay nothing:

• Harassment Restraining Order (HRO): Typically costs around $300 ($285 filing + $15 law library fee, per the Minnesota Judicial Branch in 2022.). Fees are waived if the case involves stalking or the sex crimes listed in sections 609.342 to 6093.451 of the Minnesota Statutes, or if the petitioner meets the low income exception guidelines.
• Order for Protection (OFP): No filing fee. However, there may be costs with hiring a lawyer if needed. Legal aid from legal assistance organizations may be available for those who can't afford an attorney.
• Extreme Risk Protection Order (ERPO): No filing fee.

Note: Certified copies of orders, if needed, may attract a small fee. Additionally, petitioners may need to pay for service of process. However, in most cases, the sheriff's departments often serve OFPs and HROs without cost.

Can You Cancel A Restraining Order In Minnesota?

Yes. A restraining order in Minnesota can be canceled if either party files a petition with the court. For an Order for Protection (OFP), this is the "Petitioner's Request for Dismissal of Order for Protection". For a Harassment Restraining Order (HRO), it's the "Petitioner's Request for Dismissal of Harassment Restraining Order".

After filing, the other party must be formally served. A hearing is scheduled so both sides can present their case. If granted, the court cancels or vacates the order.

Note: If the petitioner is granted an order up to 50 years, the respondent can request to have the order vacated or modified after the order has been in effect for at least five years and assuming the respondent has not violated the order during that time.