Minnesota Restraining Order Laws (2026): How to Get an OFP or HRO
Minnesota Restraining Order Laws (2026): How to Get an OFP or HRO
In Minnesota, victims of domestic abuse can seek an Order for Protection (OFP) through district court, and any victim of harassment or stalking can seek a Harassment Restraining Order (HRO) with no relationship to the respondent required. A final OFP or HRO can last up to 2 years and up to 50 years in escalated circumstances.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Minnesota
Minnesota provides two separate civil protective order tracks, each governed by its own statute. The first is the Order for Protection (OFP), created under Minn. Stat. 518B.01. An OFP addresses domestic abuse committed by a family or household member and can order the respondent to stop the abuse, vacate a shared home, stay away from the petitioner's home and workplace, and have no contact with the petitioner or minor children. The OFP process is handled in district court and carries specific firearm-surrender requirements when the respondent poses a credible threat.
The second track is the Harassment Restraining Order (HRO) under Minn. Stat. 609.748. An HRO addresses repeated intrusive or unwanted acts that cause a substantial adverse effect on the petitioner's safety, security, or privacy. This includes stalking, cyberstalking, and other patterns of harassment. Critically, an HRO requires no qualifying relationship between the petitioner and the respondent: any person who is the target of harassment may seek one. The HRO also covers some situations involving sexual assault. Choosing the right track depends on the relationship and the nature of the conduct; a domestic-violence advocate or court self-help center can help you decide.
Who can get a restraining order in Minnesota?
For an Order for Protection, the petitioner must have a qualifying relationship with the respondent. Minnesota's statute covers a broad range of domestic relationships, including:
- Current or former spouses
- Parents and children (biological or legal)
- Persons related by blood
- Current or former household members (cohabitants)
- Co-parents who share a child, regardless of whether they were ever married
- A pregnant person and the alleged father of the child
- Persons who have been in a "significant romantic or sexual relationship," which the court assesses by looking at the nature of the relationship, how often the parties spent time together, the length of the relationship, and how recently it ended
For a Harassment Restraining Order, no qualifying relationship is required. Any person who has experienced repeated unwanted acts that cause substantial distress to their safety, security, or privacy may petition the court for an HRO. This makes the HRO the appropriate route for victims of stalking or harassment by acquaintances, neighbors, coworkers, or strangers who do not qualify under the domestic-abuse statute.
How to file for a restraining order in Minnesota
Both OFP and HRO petitions are filed in Minnesota district court. You may file in the county where either party lives, where the abuse or harassment occurred, or where a related family court proceeding is pending. There is no residency requirement.
Filing is free when the allegations involve domestic abuse, stalking, or related criminal conduct. Minnesota law waives the filing fee in those circumstances, and the federal Violence Against Women Act separately prohibits courts from charging filing or service fees for domestic-violence protective orders.
To begin, you complete a petition form describing the abuse or harassment in your own words. Court self-help centers, located in most Minnesota district courthouses, provide the forms and can assist you in completing them. Many local domestic-violence programs also offer free advocates who can accompany you to court and help you explain your situation to the judge. Organizations such as Day One Minnesota (1-866-223-1111) connect callers with local services. After you submit your petition, a judge can issue an emergency order the same day if the facts show immediate danger.
Temporary vs. final orders: how long they last
When a judge reviews your petition and finds an immediate and present danger of domestic abuse, the court issues an ex parte temporary OFP without advance notice to the respondent. For an HRO, the court similarly issues an ex parte order if the petition establishes the harassment. The temporary order takes effect immediately and protects you while the case moves toward a full hearing. For an HRO, the respondent then has 20 days from the date of completed service to request a hearing; if no hearing is requested the order remains in effect.
| Order type | Temporary (ex parte) | Final order |
|---|---|---|
| Order for Protection (OFP) | Same day; hearing within 7 to 14 days of service on respondent | Up to 2 years; up to 50 years under escalation criteria |
| Harassment Restraining Order (HRO) | Same day; respondent has 20 days of service to request a hearing | Up to 2 years; up to 50 years under escalation criteria |
At the full hearing, the respondent has the right to appear and contest the petition. If the court finds sufficient grounds, it issues a final order. A final OFP or HRO typically lasts up to 2 years. However, if the respondent has violated a prior OFP on two separate occasions, or if the petitioner has previously obtained two or more OFPs against the same respondent, the court may extend the order for up to 50 years. You can also return to court before the order expires to request a renewal.
Firearms and a Minnesota protective order
When a court issues an OFP that restrains the respondent from harassing, threatening, or contacting the petitioner, and the court determines that the respondent poses a credible threat to the petitioner's physical safety, the court must include a firearms prohibition in the order. The respondent then has 3 business days to transfer all firearms to a licensed firearms dealer, a law enforcement agency, or a qualified third party. If the court finds an imminent risk to safety, law enforcement may seize firearms immediately without waiting for the 3-day period.
A qualifying final OFP also triggers the federal firearm prohibition under 18 U.S.C. 922(g)(8). Any person subject to a qualifying protective order may not possess firearms or ammunition under federal law, regardless of whether the state order separately addresses the issue.
The HRO does not carry a mandatory firearms-surrender provision. However, possessing a dangerous weapon during a violation of an HRO is an aggravating factor that can increase the criminal penalty significantly.
In 2023, Minnesota enacted a red-flag law (Extreme Risk Protection Order, Minn. Stat. 624.7178) that allows law enforcement or family members to seek a separate court order for firearms surrender based on a credible threat of harm, even outside the OFP or HRO process.
What happens if someone violates the order?
Violating an OFP is a criminal offense in Minnesota. A first violation is a misdemeanor carrying up to 90 days in jail and a fine of up to $1,000, with a mandatory minimum jail sentence of 3 days. If the respondent has a prior qualified domestic-violence conviction within the preceding 10 years, the charge elevates to a gross misdemeanor. A violation becomes a felony carrying up to 5 years in prison and a $10,000 fine if the respondent has committed two or more prior violations or possesses a weapon during the violation.
Violating an HRO also starts as a misdemeanor and can escalate to a gross misdemeanor within 10 years of a prior domestic-violence conviction. If the respondent possesses a weapon during the violation, or has two or more prior HRO violations within 10 years, the charge becomes a felony.
Law enforcement officers in Minnesota can arrest a respondent without a warrant if they have probable cause to believe the person violated a protective order. If the respondent contacts you, comes to your home or workplace, or otherwise violates the terms of your order, call 911 immediately and report the violation to the court as well. Documenting each incident carefully, including dates, times, and any messages or witnesses, helps prosecutors build a stronger case.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
More Minnesota Laws
- Minnesota AI Meeting Recording Laws
- Minnesota Alimony Laws
- Minnesota At-Will Employment Laws
- Minnesota Car Accident Laws
- Minnesota Car Seat Laws
- Minnesota Child Custody Laws
- Minnesota Child Support Laws
- Minnesota Common Law Marriage Laws
- Minnesota Data Privacy Laws
- Minnesota Divorce Laws
- Minnesota Dog Bite Laws
- Minnesota Emancipation Laws
- Minnesota Expungement Laws
- Minnesota Hit and Run Laws
- Minnesota Landlord-Tenant Laws
- Minnesota Lemon Laws
Sources
- Minn. Stat. 518B.01 (Order for Protection): https://www.revisor.mn.gov/statutes/cite/518b.01
- Minn. Stat. 609.748 (Harassment Restraining Order): https://www.revisor.mn.gov/statutes/cite/609.748
- Minn. Stat. 624.7178 (Extreme Risk Protection Order): https://www.revisor.mn.gov/statutes/cite/624.7178
- Minnesota Judicial Branch, Order for Protection: https://www.mncourts.gov/Help-Topics/Order-for-Protection.aspx
- Minnesota Judicial Branch, Harassment Restraining Order: https://www.mncourts.gov/Help-Topics/Harassment-Restraining-Order.aspx
For an overview of how protective orders work across all 50 states, visit our guide to restraining order laws by state.
Minnesota's recording-consent law may be relevant if you are documenting harassment or abuse. See our Minnesota recording law page for details.