If you’ve been falsely accused or are wondering about the consequences of lying to obtain a protective order, this guide breaks down what happens when someone abuses the legal system for personal gain. Filing a false order of protection isn’t just morally wrong—it’s legally risky. In Minnesota, as in other states, it can lead to criminal charges, civil lawsuits, and a permanent mark on your record.
Minnesota law takes protective orders seriously, recognizing their role in safeguarding individuals from genuine threats. However, it also provides for legal recourse when these tools are misused.
What Is A False Order Of Protection?
A false order of protection in Minnesota occurs when someone knowingly provides false information or fabricates evidence to obtain a protective order under Minnesota Statutes Chapter 518B, which governs Orders for Protection (OFPs). This could include:
- Making up claims of abuse or threats
- Presenting falsified documents or witness statements
- Exaggerating events to meet the legal threshold
Misuse of this legal process undermines the court’s ability to protect actual victims and can inflict significant harm on the wrongly accused.
Is Filing A False Order Of Protection A Crime In Minnesota?
Yes. Under Minnesota law, knowingly filing a false claim in a legal proceeding may constitute several criminal offenses:
Misdemeanor Charges
If the false claim does not involve sworn testimony, it may be treated as a misdemeanor under general provisions for making false reports. Penalties can include:
- Fines up to $1,000
- Up to 90 days in jail
- Probation
- Community service or counseling
Felony Charges
If the individual lies under oath or submits falsified documentation, they may be charged with perjury or presenting false evidence, both of which are felonies. Minnesota Statute 609.48 addresses perjury:
- Up to 5 years in prison
- Fines up to $10,000
- Criminal record that can impact employment and child custody
Obstruction Of Justice
Additionally, under Minn. Stat. §609.50, filing a false OFP to interfere with judicial proceedings may be charged as obstruction of justice.
Can You Be Sued For Filing A False Order?
Absolutely. Under Minnesota civil law, victims of false accusations can pursue damages through a civil suit. Grounds may include:
- Defamation: Making knowingly false statements that harm reputation
- Malicious Prosecution: Pursuing legal action without probable cause
- Emotional Distress: Forcing the accused to undergo undue stress and financial burden
Courts may award:
- Compensatory damages for lost income, legal fees, etc.
- Punitive damages in cases of egregious misconduct
Minnesota Case Law & Statutes
Some key statutes and cases to note:
- Minn. Stat. §518B.01: Governs the issuance and enforcement of Orders for Protection
- Minn. Stat. §609.48: Perjury
- Minn. Stat. §609.505: Falsely reporting crimes
- Minn. Stat. §609.50: Obstruction of legal process
Case law in Minnesota has upheld consequences for parties proven to have abused the OFP process. Courts are increasingly aware of the tactic of using false claims as leverage in civil disputes.
What To Do If You’re Falsely Accused In Minnesota
- Consult a criminal defense or family law attorney immediately
- Gather all possible evidence: emails, texts, social media, witnesses
- Request a contested hearing under Minn. Stat. §518B.01 Subd. 5
- Do not violate the order, even if it’s based on false claims
- File a motion to vacate or amend the OFP with legal counsel
Quick action and proper legal representation can make a significant difference in both the immediate outcome and long-term repercussions.
Protecting The Legal System
The OFP process exists to protect real victims, but its misuse erodes public trust and clogs the judicial system. Minnesota courts have shown a commitment to penalizing those who exploit protective orders in bad faith. Strict legal penalties help ensure that these tools remain credible and effective.
Quick Summary Of Penalties In Minnesota
| Type of Offense | Statute/Description | Possible Consequences |
| Misdemeanor | False reporting (Minn. Stat. §609.505) | Up to 90 days jail, $1,000 fine |
| Felony (Perjury) | False statement under oath (Minn. Stat. §609.48) | Up to 5 years prison, $10,000 fine |
| Civil Liability | Defamation, emotional distress | Financial compensation |
| Obstruction of Justice | Interfering with legal process (Minn. Stat. §609.50) | Misdemeanor or felony |
Final Thoughts
If you are facing a situation involving a false order of protection in Minnesota, it is essential to seek experienced legal guidance. The legal consequences—both criminal and civil—can be life-altering. Whether you are a potential filer or someone falsely accused, it’s critical to approach OFPs with honesty, caution, and the help of legal counsel.
At Leverson Budke, our attorneys focus exclusively on clients located in Minnesota. We understand the intricacies of Minnesota law, and we offer tailored guidance to ensure your rights are protected throughout every step of the legal process. If you need legal support in navigating the complexities of a false order of protection, contact Leverson Budke for a confidential consultation.
