Restraining Orders in Minnesota: The Basics (OFP & HRO)

A restraining order changes daily life for both people named in it. One person gains court-ordered protection. The other faces arrest for a single text message. Minnesota uses 2 separate orders, and the right one depends on your relationship to the other person. This guide explains both orders, who qualifies, how to get one, how long it lasts, and what a violation costs.

What is a restraining order in Minnesota?

A restraining order in Minnesota is a civil court order that bars one person from contacting or harming another. A judge issues it, and police enforce it. Breaking it is a crime.
Minnesota law splits restraining orders into 2 main types. The type turns on the relationship between the 2 people and the conduct involved. The Minnesota House Research Department describes both as civil remedies that carry criminal penalties on violation.

What are the types of restraining orders in Minnesota?

There are 2 civil restraining orders in Minnesota. They are the Order for Protection and the Harassment Restraining Order. A third order, the Domestic Abuse No Contact Order, comes from a criminal case.
Order for Protection (OFP): Governed by Minn. Stat. § 518B.01, the Domestic Abuse Act. It protects a person from domestic abuse by a family or household member.
Harassment Restraining Order (HRO): Governed by Minn. Stat. § 609.748. It protects a person from harassment by anyone, including neighbors, coworkers, and strangers.
Domestic Abuse No Contact Order (DANCO): A judge issues this in a criminal domestic case, not on a private petition. It bars contact with the alleged victim while the case is open or the sentence runs.

OFP vs. HRO: what is the difference?

The difference between an OFP and an HRO is the relationship and the conduct. An OFP requires a domestic relationship and domestic abuse. An HRO requires neither.

Feature	Order for Protection (OFP)	Harassment Restraining Order (HRO)
Statute	Minn. Stat. § 518B.01	Minn. Stat. § 609.748
Relationship required	Family or household member	None — any person
Conduct covered	Domestic abuse	Harassment
Filing fee	Always free	Free for stalking or assault claims; otherwise a fee can apply
Standard duration	Up to 2 years	Up to 2 years
Maximum duration	Up to 50 years (repeat respondent)	Up to 50 years (repeat respondent)
Emergency version	Ex parte OFP	Temporary (ex parte) HRO

For a full breakdown, read our guide on the harassment order vs. restraining order.

Who can get an order for protection?

A family or household member who suffers domestic abuse can get an order for protection. The petition needs both a qualifying relationship and a qualifying act.
A family or household member includes 6 common categories. They are spouses and former spouses, parents and children, blood relatives, current or former roommates, people who share a child, and people in a significant romantic or sexual relationship.
Domestic abuse under § 518B.01 covers 5 acts by a family or household member. They are physical harm or assault, fear of imminent physical harm, terroristic threats, criminal sexual conduct, and interference with an emergency call. Read our explainer on what an OFP is for the full definition.

Who can get a harassment restraining order?

Any person who suffers harassment can get a harassment restraining order. The HRO does not require any relationship between the 2 people.
Harassment under § 609.748 covers 3 forms of conduct. They are a single incident of physical or sexual assault, a single incident of nonconsensual sharing of private sexual images, and repeated intrusive or unwanted acts that have a substantial adverse effect on another person’s safety, security, or privacy. An HRO fits conflicts with neighbors, coworkers, and strangers. Read our guide on a harassment restraining order against a neighbor for a common example.

How do you get a restraining order in Minnesota?

To get a restraining order in Minnesota, file a petition and ask the court for emergency relief. Follow these 5 steps.
File a petition. File in the district court where you live, where the other person lives, or where the conduct happened. Describe the specific incidents under oath.
Request an emergency order. Ask for an ex parte order if you face an immediate and present danger. A judge can grant it the same day without the other person present.
Serve the respondent. Serve the other person with the order and the hearing notice, because the order binds the respondent only after service.
Attend the hearing. Attend the contested hearing, set within 14 days of a temporary order. Both sides present evidence, and the standard is a preponderance of the evidence.
Receive the final order. Receive a final order if the judge finds grounds. The order states its exact terms and its expiration date.
The Minnesota Judicial Branch publishes free petition forms for self-represented filers. Our guide on how to file a restraining order for harassment walks through the HRO paperwork.

How long does a restraining order last in Minnesota?

A restraining order in Minnesota lasts up to 2 years. It can last up to 50 years against a repeat respondent.
The 50-year term applies in 2 situations. The respondent violated a prior or existing order on 2 or more occasions. The petitioner held 2 or more orders against the same respondent. A respondent under a 50-year order must wait 5 years before asking the court to modify or vacate it. An emergency order lasts only until the hearing.

What happens if someone violates a restraining order?

Violating a restraining order is a crime in Minnesota. The charge ranges from a misdemeanor to a felony. Police must arrest on probable cause of a violation.
Misdemeanor: A first knowing violation. The maximum penalty is 90 days in jail and a $1,000 fine.
Gross misdemeanor: A violation within 10 years of a prior qualified domestic violence offense. The maximum penalty is 364 days in jail and a $3,000 fine.
Felony: A violation with 2 or more prior qualified offenses, a dangerous weapon, or a hate-crime motive. The maximum penalty is 5 years in prison and a $10,000 fine.
A single unwanted text, call, or drive-by counts as contact. Read our guide on jail time for violating an order for protection for the penalty detail.

Do restraining orders affect gun rights?

A qualifying order for protection affects your firearm rights while the order is in effect. A court can order you to surrender firearms, and federal law bars possession under a qualifying domestic violence order.
This firearm restriction runs separately from any criminal charge. It applies during the life of the order. Read our guide on whether an order for protection affects your gun rights for the full rules.

How to respond if a restraining order is filed against you

Respond to a restraining order by requesting a hearing and preparing your evidence. A default costs you the chance to contest the order. Take these 4 steps.
Read every term. Identify exactly what contact and what locations the order bars, because a single violation is a new crime.
Obey the order now. Follow every term while you contest it. Do not contact the petitioner through any person or platform.
Request the hearing. Request a contested hearing within the deadline stated in your paperwork.
Get a lawyer. Retain counsel, because an order affects your record, your housing, your job, and your firearm rights.
A wrongly issued order carries lasting consequences. Our guide on how to get an order for protection dismissed explains the defense options.

The bottom line

Minnesota offers 2 restraining orders, and the right one depends on your relationship to the other person. An OFP covers domestic abuse by a family or household member. An HRO covers harassment by anyone. Both start as an emergency order, last up to 2 years, and stretch to 50 years against a repeat respondent. Violating either order is a crime that starts at a misdemeanor and rises to a felony. Get legal advice early, because the terms of the order shape your daily life on both sides.

FAQs

What are the two types of restraining orders in Minnesota?

The two types are the Order for Protection under Minn. Stat. § 518B.01 and the Harassment Restraining Order under Minn. Stat. § 609.748. The OFP requires a domestic relationship, and the HRO does not.

How long does a restraining order last in Minnesota?

A restraining order lasts up to 2 years in most cases. It can last up to 50 years if the respondent violated a prior order twice or the petitioner held two prior orders against the same respondent.

Do you have to pay to file a restraining order in Minnesota?

Filing an Order for Protection is always free. Filing a Harassment Restraining Order is free when the petition alleges stalking or assault, and a fee can apply otherwise.

What happens if you violate a restraining order in Minnesota?

Violating a restraining order is a misdemeanor, gross misdemeanor, or felony, depending on your history and the conduct. Police must arrest without a warrant on probable cause of a violation.

Can you get a restraining order without the other person knowing?

A judge can grant an emergency ex parte order without notice to the other person when there is an immediate and present danger. The order binds the respondent only after personal service.