Protective orders are meant to keep people safe from real harm. But when someone misuses this system, the consequences can be serious. The legal punishment for filing a false order of protection can be severe in Minnesota, where courts treat both abuse claims and false accusations with great care. Making false claims can hurt innocent people and weaken trust in the legal system.
If you are dealing with a false accusation or thinking about filing an order, it’s important to understand the risks. False claims can lead to criminal charges like perjury and even civil lawsuits. The effects can last for years. This guide explains what a false order of protection is and the penalties involved.
What Is A False Order Of Protection?
A false order of protection occurs when someone knowingly provides untrue or misleading information to obtain an OFP under Minnesota Statutes Chapter 518B. This may include making false allegations of abuse, submitting fabricated evidence, or exaggerating events to meet legal requirements.
Courts take this misuse seriously because it can harm innocent individuals and weaken protections for real victims. Filing a dishonest claim not only abuses the legal system but may also lead to serious legal consequences.
The Legal Punishment For Filing A False Order Of Protection
Yes, there are serious legal consequences for filing a false order of protection in Minnesota. The law treats false claims as a misuse of the legal system, which can lead to both criminal charges and civil liability.
Depending on the situation, a person may face misdemeanor or felony penalties, including fines, jail time, or a permanent record. In addition, the accused party may pursue a civil lawsuit for damages, creating further legal and financial risks.
Misdemeanor Penalties For False Reporting
Under Minn. Stat. §609.505, false reporting charges may apply when someone makes untrue claims without being under oath. These cases are typically treated as misdemeanors.
Penalties can include up to 90 days in jail, fines, and probation or court-ordered programs. Even at this level, a conviction can harm your record, damage credibility, and affect future legal matters.
Felony Consequences For Perjury Or False Evidence
Under Minn. Stat. §609.48, perjury occurs when someone knowingly lies under oath or submits false evidence in court. A case can escalate to a felony when false statements are made during sworn testimony.
False OFP filings in domestic situations often intersect with domestic assault charges, creating complex legal dynamics for both parties.
Penalties may include up to 5 years in prison and significant fines. Long-term consequences often include a permanent criminal record, which can impact employment opportunities and child custody decisions.
Obstruction Of Legal Process
Under Minn. Stat. §609.50, obstruction of legal process may apply when someone files a false order of protection to interfere with or manipulate court proceedings. This charge becomes more serious if the intent is to mislead the court or gain an unfair advantage in legal disputes.
Courts closely examine the individual’s intent, and deliberate misuse of the legal system can lead to heightened penalties, including potential criminal charges.
Civil Liability For Filing A False Order Of Protection
Beyond criminal charges, filing a false order of protection can also lead to serious financial and legal consequences through civil lawsuits brought by the harmed party.
Defamation Claims
Defamation occurs when someone makes false statements that harm another person’s reputation. In the context of a false order of protection, untrue allegations of abuse can damage personal and professional relationships. Victims may pursue legal action to restore their reputations and recover financial losses resulting from these false claims.
Malicious Prosecution
Malicious prosecution involves using the legal system without valid grounds or probable cause. If someone files a false order of protection to gain leverage or harm another person, they may be held liable. Courts look at intent and whether the claim was knowingly baseless when determining responsibility and damages.
Emotional Distress & Financial Harm
False accusations can cause significant emotional and financial strain. The accused may face stress, anxiety, and damage to their reputation. In addition, legal defense costs, lost income, and strained relationships can add up quickly, making civil claims for compensation an important avenue for recovery.
Types Of Damages Awarded
Courts may award different types of damages in civil cases involving false orders of protection. Compensatory damages cover financial losses such as legal fees and lost wages. Punitive damages may apply in severe cases to punish wrongdoing. In some cases, legal fees and court costs may also be recovered.
Long-Term Consequences Beyond Legal Penalties
Filing a false order of protection can have lasting effects beyond immediate legal penalties. A permanent criminal record may follow, making it harder to secure employment or housing.
A criminal conviction from a false OFP case can appear on background checks. Learn about expungement options and whether your record can be sealed.
These accusations can also negatively impact child custody cases, as courts consider credibility and character. In future legal proceedings, a history of false claims may weaken your position and reduce trust. Over time, the damage to reputation and credibility can be difficult to repair.
What To Do If You Are Falsely Accused Of An Order Of Protection
Facing a false order of protection can feel overwhelming, but taking the right steps early can make a major difference in your case outcome.
Consult A Minnesota Criminal Defense Attorney Immediately
Seek a Minnesota criminal defense attorney who understands OFP-related criminal defense issues. Early legal guidance helps you avoid costly mistakes and missteps. An experienced attorney can evaluate your situation, explain your options, and begin building a strong defense strategy tailored to your case.
Preserve And Gather All Relevant Evidence
Start collecting any evidence that supports your side of the story. This may include text messages, emails, social media interactions, call logs, and location data. Witness statements can also be valuable. Keep everything organized so your attorney can present clear and credible evidence in court.
Request A Contested Hearing
You have the right to challenge the order in court. A contested hearing allows both parties to present their evidence and arguments. Your attorney can question the accuser, point out inconsistencies, and present facts that support your defense, helping the judge see the full picture.
Strictly Comply With The Order Of Protection
Even if the order is based on false claims, you must follow it completely. Violating an OFP can lead to immediate criminal charges and hurt your case. Follow all restrictions carefully until the court officially changes or dismisses the order.
File Motions To Challenge Or Remove The Order
Work closely with your attorney to take legal action. This may include filing a motion to vacate (dismiss) the order or requesting modifications. Strong evidence showing false or misleading claims can improve your chances of having the order removed or reduced.
Act Quickly To Protect Your Rights
Time is critical in these situations. Delays can limit your legal options and weaken your defense. Taking action early shows responsibility and helps your attorney build a stronger case. A prompt response can significantly improve your chances of a favorable outcome.
Frequently Asked Questions
1. Can you go to jail for filing a false order of protection?
Yes. In Minnesota, filing a false OFP can result in misdemeanor charges (up to 90 days in jail, $1,000 fine) for false reporting. If the false claims were made under oath, the charge escalates to perjury under Minn. Stat. §609.48 — a felony carrying up to 5 years in prison and a $10,000 fine.
2. What happens if someone lies to get a restraining order?
The person who filed the false claim can face criminal charges (perjury, false reporting, obstruction of justice), civil lawsuits (defamation, malicious prosecution, emotional distress), and contempt of court. The falsely accused person can petition the court to vacate or dismiss the order and may be awarded damages.
3. Can a false order of protection be dismissed?
Yes. The falsely accused person can request a contested hearing under Minn. Stat. §518B.01, Subd. 5. At the hearing, both parties present evidence, and the judge decides whether the order should remain in effect, be modified, or be dismissed. An attorney can help present evidence that the claims were fabricated.
4. Can you sue someone for filing a false restraining order?
Yes. Minnesota civil law allows victims of false accusations to sue for defamation, malicious prosecution, and emotional distress. Courts can award compensatory damages (lost income, legal fees) and punitive damages in cases of egregious misconduct.
5. How do you prove an order of protection is based on false claims?
Evidence that undermines the filer’s claims includes: text messages or emails contradicting the alleged events, witness testimony, social media posts, phone records showing the filer initiated contact, surveillance footage, and inconsistencies in the filer’s written statements or sworn testimony.
6. Does a false OFP filing show up on a background check?
If the false filer is convicted of perjury, false reporting, or obstruction, that criminal conviction appears on background checks. For the falsely accused person, a dismissed or vacated OFP should not appear on standard background checks, though the court record may still exist unless sealed.
7. Should I violate the order if I know it’s false?
Never. Even if the order is based on entirely fabricated claims, it remains a legally binding court order until a judge dismisses it. Violating it — even to prove your innocence — results in criminal charges against you. Fight it through the court system, not by ignoring it.
How Leverson Budke Can Help You?
Being falsely accused through an OFP can affect your housing, employment, custody, and criminal record. The attorneys at Leverson Budke defend clients against false protective orders across the Twin Cities, and we know how to get false orders dismissed.
Call (651) 829-3572 or schedule a free consultation today. Available 24/7.
