Legal Punishment for Filing a False Order for Protection (MN)

Orders for protection exist to keep people safe, and the vast majority of petitions are filed in good faith. But the system can be misused, and when it is, the question on everyone’s mind is what actually happens to the person who filed falsely. The honest answer in Minnesota is more nuanced than most articles admit, and understanding it matters whether you have been falsely accused or you are worried about your own petition.

Is it illegal to file a false order for protection in Minnesota?

There is no specific statute that makes “filing a false order for protection” its own crime in Minnesota. Instead, a false filing can trigger other laws: perjury for false statements made under oath, false reporting for false claims made to police, plus civil liability and consequences in family court.

The reason perjury is the central risk is that an OFP petition is sworn. When someone signs a petition under Minnesota’s Domestic Abuse Act (Minn. Stat. § 518B.01), they affirm under penalty of perjury that the statements are true. Knowingly false statements in that sworn document are what expose a filer to criminal liability.

That said, prosecutors rarely bring perjury charges over a failed OFP. Proving someone knowingly lied, as opposed to being mistaken, exaggerating, or simply not meeting the burden of proof, is difficult, which is why these prosecutions are uncommon.

What are the actual penalties for filing a false OFP?

The penalties depend on which law applies and how the false statements were made. The table below summarizes the realistic exposure.

Route	When it applies	Penalty
Perjury (Minn. Stat. § 609.48)	Knowingly false statements in the sworn petition	Felony — up to 5 years in prison and/or a $10,000 fine
False reporting (Minn. Stat. § 609.505)	False abuse claims made to police, not under oath	Misdemeanor — up to 90 days in jail and/or a $1,000 fine
Civil liability	The falsely accused person sues for damages	Money damages (malicious prosecution, abuse of process, defamation)
Family court	Custody and parenting-time disputes	Loss of credibility, an adverse custody impact, and possible cost awards

The criminal exposure is real on paper, but the more common consequences are practical: the order gets dismissed, the filer loses credibility with the judge, and the false claim backfires in any related divorce or custody case.

Does a dismissed or denied OFP mean it was false?

No. A dismissal or denial means the petitioner did not meet the legal burden of proof, not that they lied. Many honest petitions are denied because the evidence falls short of the “preponderance” standard or because the conduct does not fit the statutory definition of domestic abuse.

This distinction matters for both sides. A respondent who “wins” an OFP hearing usually cannot turn around and have the petitioner charged simply because the order was denied. Proving an actual false filing requires clear evidence that the person knowingly made untrue statements.

Can you sue someone for filing a false order for protection?

Sometimes. A person harmed by a knowingly false OFP may have civil claims such as malicious prosecution, abuse of process, or defamation. These can lead to money damages, but they are not easy cases to win.

Each claim has hurdles. Malicious prosecution generally requires that the prior case ended in your favor, that there was no probable cause, and that the filer acted with malice. Defamation claims can run into legal privileges that protect statements made in court filings. An attorney can tell you whether your facts realistically support a civil case.

How does a false OFP affect custody and family court?

A false or unsupported allegation can seriously damage the accuser in family court. Minnesota judges weigh each parent’s credibility and conduct when deciding custody and parenting time, and a claim found to be knowingly false can shift those decisions against the person who made it.

This is often the most meaningful consequence in real cases. The criminal route may go nowhere, but the same false allegation can reshape a custody outcome and the court’s view of the filer for years.

What should you do if a false OFP is filed against you?

Do not contact the protected person and do not violate the order, even if the allegations are untrue. Responding to a false order with a violation hands the other side a real criminal charge and undercuts your credibility. Keep in mind that even if the protected person reaches out, the order still binds you.

You have the right to contest the order at a hearing under Minn. Stat. § 518B.01, subd. 5. Preserve evidence that contradicts the claims, including texts, emails, call logs, photos, and witness names, and avoid deleting anything. The hearing is where a false petition is most effectively defeated.

From there, the goal is to defeat or dismiss the order. Our guide on how to get an order for protection dismissed walks through the process, and our domestic assault and criminal defense attorneys handle these hearings across Minnesota. If you are unsure which order you are facing, see harassment order vs. restraining order.

What if you are accused of filing a false OFP?

If someone claims your petition was false, do not assume you are safe just because your case was dismissed, and do not make any further statements about it without advice. Honest petitioners are protected, but knowingly false statements are where the real risk lies.

The safest step is to talk with a lawyer before responding to any accusation, threat of a perjury complaint, or civil demand letter. An attorney can assess your exposure and protect you whether your claim was legitimate or simply did not meet the court’s burden. For background on the system, see our guide to restraining orders in Minnesota.

FAQs

Is filing a false order for protection a crime in Minnesota?

There is no standalone “false OFP” crime, but a knowingly false sworn petition can be charged as perjury under Minn. Stat. § 609.48, a felony punishable by up to 5 years in prison and a $10,000 fine. False statements to police can be charged as misdemeanor false reporting.

Will someone be arrested for filing a false OFP?

Rarely. Criminal charges against an OFP petitioner are uncommon, because prosecutors must prove the person knowingly lied rather than simply failed to meet the burden of proof. The more common consequences are dismissal, lost credibility, and family-court fallout.

Does a dismissed OFP mean the person lied?

No. A dismissal means the petitioner did not meet the legal burden of proof. It does not establish that the claims were knowingly false, and it usually does not lead to charges against the petitioner.

Can I sue someone for filing a false order for protection against me?

Possibly. You may have civil claims such as malicious prosecution, abuse of process, or defamation, but these are difficult to win and have specific legal requirements. An attorney can tell you whether your facts support a civil case.

What should I do first if a false OFP is filed against me?

Do not contact the protected person or violate the order. Preserve any evidence that contradicts the claims, request a contested hearing under Minn. Stat. § 518B.01, subd. 5, and speak with a defense attorney as soon as possible.