What is an Order For Protection?
Minnesota orders for protection vary in length and purpose, they are sometimes called OFPs, harassment orders, or restraining orders. Often times orders for protection are brought against a person accused of harassment, assault, domestic abuse, stalking or terroristic threats.
While the orders are supposed to protect a victim in good faith, they may also be applied for unnecessarily. They are unfortunately sometimes a form of retaliation during difficult break ups, divorces, or other stressful matters. The worst scenario is when an order for protection is applied for as a strategy to gain leverage over someone in a future civil matter such as a divorce proceeding or custody dispute.
How Long is the Order in Effect?
Orders for Protection may be short term or long term. They can last up to two years. They prohibit contact with the person who filed the order and often also include other people like extended family, children or grandchildren. Usually the order requires you to keep a specific distance between yourself and the protected person(s) until the order expires. And that means you can’t send messages through friends, mail letters, call, text or send email to the protected person(s).
How Else Can an Order for Protection Impact You?
There may be “collateral damage” to your life if you have an order for protection against you. You may be ordered to stay out of your own home, if the victim(s) also live there; and you can be prevented from seeing your children, if they are named in the order. Something people don’t usually realize is that you can be prohibited from owning or possessing a firearm, even for hunting; or you could be denied employment or housing because the order is on your record. Lastly, if you aren’t a full citizen, you could experience immigration status problems.
So, What Should You Do if You are Served with a Notice?
What to do if you face an Order For Protection?
If you suspect you may be served with a restraining order by a family or household member, you should know what to expect and what is expected of you. Here are common questions regarding restraining orders and answers that may help you.
Will I Know if an Order for Protection Will Be Issued Against Me?
You will not know if a restraining order is issued against you. The initial restraining order can be issued ex-parte, meaning the person who claims that he or she is in fear of bodily harm can get an order against you and you don’t have a right to say anything. So, you will not be officially notified of a restraining order until you are served. The Court will hold a hearing in 10 days but you must be served notice of the hearing. You cannot violate a restraining order if you have not been properly served.
Who Can Get an Order for Protection?
Anyone who claims to be in “imminent fear of bodily harm” can attempt to obtain a restraining order. A judge can issue a restraining order against anyone who qualifies as a family or household member.
People are considered family or household members if they:
- are or were married to one another,
- are or were living together in the same household,
- are or were related by blood or marriage,
- have a child in common,
- have been dating or engaged.
The court looks at the following factors when qualifying this:
- length of relationship
- type of relationship
- frequency of interaction during relationship; and
- time passed since termination of relationship
If the person who got a restraining order against you does not fall into one of the above categories, the restraining order is not legal. This is an issue to be brought up at the 10-day hearing.
What Happens if I Get Served with an OFP?
If you are served with a restraining order, it means that someone has gone to court and told the judge he or she is in fear of you. This initial order is valid only until the hearing. The hearing is usually 10 days after the ex parte hearing; however, if you have not been served, the court will postpone the hearing until you have been served.
Once you are served, you must appear at court on the assigned date and time.
At the hearing, you will have an opportunity to tell the judge why the restraining order should not be issued. You should contact an attorney to represent you at the hearing. It is very common that people who represent themselves end up admitting things at the hearing when questioning the witness(es) on cross examination. It is especially important to have an attorney at the order for protection hearing if you have criminal charges pending against you.
You have a right to a lawyer at this hearing, and you may also bring witnesses. You or your lawyer can cross-examine the person who is seeking the restraining order against you to show that the person is not in fear of you. Your lawyer can speak on your behalf.
In the interim, abide by the restraining order. Even if the plaintiff claims he or she does not plan to go forward with the order, it’s your record and your future at stake.
Some Things to Think About at This Hearing:
- Be careful about what you say.
- You are under oath and being recorded, so any statement you make can be used against you at a future court date.
- Be on your best behavior, be polite to everyone, even if you don’t feel like it.
- Dress appropriately for court
- Do not wear a hat, chew gum or use your cell phone in the courtroom.
- Avoid all contact with the alleged victim while you are in court. Stay away and try to prevent any confrontation.
Will an Order for Protection Show Up on My Criminal Record?
Yes. A restraining order will appear on your criminal record. Although a restraining order is a civil order, whenever someone runs your record for probation, employment, or immigration purposes, it will show that someone had or has a restraining order against you.
Following the Order
While you await your hearing, do what the order says. All it takes is one phone call, one drive by, or one text message to be charged with a violation. And if you get arrested for a violation, the police can hold you until the next court date.