Order for Protection in Minnesota When Children Are Involved: What You Need to Know
When safety is a concern, an Order for Protection — often called an OFP — can be one of the most important legal tools available to a parent. But if you have children with the person you are filing against, or if an OFP has been filed against you, the stakes can be even higher.
In Minnesota, an OFP can affect custody, parenting time, and child support, sometimes very quickly. It can also change how parents communicate, exchange children, or exercise parenting time while the order is in place.
If you are searching for information about an order for protection in Minnesota involving children, the most important thing to know is that the court’s focus is safety. That can mean temporary changes to parenting time, contact, exchanges, school pickup, and communication between parents.
Here is what Minnesota parents should understand before filing for an OFP, or before responding to one.
What Is an Order for Protection in Minnesota?
An OFP is a civil court order designed to protect someone from domestic abuse. Under Minnesota Statutes section 518B.01, domestic abuse can include physical harm, bodily injury, assault, fear of imminent physical harm, terroristic threats, certain criminal sexual conduct offenses, sexual extortion, or interference with an emergency call when committed by a family or household member.
An OFP can prohibit the respondent — the person the order is filed against — from contacting the petitioner, coming near the petitioner’s home or workplace, or engaging in other conduct restricted by the court.
OFPs can also be granted ex parte, meaning a judge may issue an order based on the petition before the other party appears in court, if the petition alleges an immediate and present danger of domestic abuse.
How an OFP Can Affect Custody and Parenting Time
This is where things can become complicated for parents.
When children are involved, a Minnesota court may include provisions in an OFP that affect parenting rights and responsibilities. Depending on the facts and the relief requested, the court may:
award temporary custody;
establish temporary parenting time;
limit, condition, supervise, or deny parenting time if needed for safety;
establish temporary child support;
order counseling, treatment, or a domestic abuse education program; and
include other restrictions necessary to protect a family or household member.
The court’s primary consideration in temporary custody and parenting-time decisions under an OFP is the safety of the victim and the children. That means an OFP can temporarily change how an existing custody or parenting-time arrangement works.
If the court finds that unsupervised or unrestricted parenting time would jeopardize the safety of the victim or the children, the court may restrict parenting time by time, place, duration, or supervision — or may deny parenting time entirely if necessary.
Depending on the specific terms of the order, a no-contact provision may also make it difficult or impossible for a parent to arrange or exercise parenting time while the order is in effect, especially if the order protects the children or restricts contact through the other parent. Do not assume an existing parenting-time schedule continues unchanged. The order should be followed exactly unless and until the court modifies it.
Can You File an OFP on Behalf of Your Children?
Yes, in appropriate circumstances. Minnesota law allows a family or household member, guardian, or — if the court finds it is in the child’s best interests — a reputable adult age 25 or older to file an OFP on behalf of a minor child.
Children may also be listed as protected parties in an OFP. If children are protected by the order, the respondent’s contact with them may be restricted or prohibited depending on the terms of the order.
If children are listed as protected parties, the order may include school-related restrictions or may affect who can pick the children up from school, childcare, or activities. Parents should carefully review the specific terms of the order and consider providing a copy to the school or childcare provider so staff understand any contact, pickup, or safety restrictions.
What Happens After an OFP Is Issued?
An ex parte OFP can take effect before the respondent has a chance to appear in court. The hearing timeline depends on what relief was requested and whether either party asks for a hearing.
In some situations, a hearing must be scheduled within a short period of time. In others, a hearing occurs only if one party requests it. If you are served with an ex parte OFP, read the paperwork carefully because it should explain your right to request a hearing and the deadline for doing so.
At the hearing, both parties can present evidence and explain their position. The judge may then decide whether to issue a longer-term OFP.
Many OFPs last up to two years, although Minnesota law allows longer orders in some circumstances. Custody and parenting-time provisions in an OFP are temporary and focused on safety. They are not the same as a permanent custody order, but a finding of domestic abuse may be considered in later custody proceedings.
If You Have Been Served with an OFP
Being served with an Order for Protection is serious. Violating an OFP — even accidentally — can be a criminal offense in Minnesota.
If the order restricts your contact with the other parent or your children, you must follow the order exactly unless the court changes it. Do not contact the petitioner directly, indirectly, through a third party, or electronically if the order prohibits that contact. Do not assume that a prior custody or parenting-time order allows contact that the OFP now restricts.
You have the right to request a hearing and present your case. The deadline and process for requesting a hearing may depend on the type of order issued, so it is important to review the paperwork immediately and speak with an attorney as soon as possible.
Do not ignore the order or assume it will resolve itself.
Protecting Your Children Starts with the Right Legal Guidance
Whether you are considering filing an OFP, have already been served with one, or are concerned about how an order may affect your parenting rights, this is not a situation to navigate alone.
The decisions made in the early stages of an OFP case can affect custody, parenting time, communication, and future court proceedings. The right legal guidance can help you understand your options, protect your rights, and make decisions focused on your children’s safety and stability.
Contact Lauren Pevehouse Law to schedule a consultation. We will help you understand your options and what steps make sense for your family’s situation.
Frequently Asked Questions About Minnesota OFPs and Children
Can an Order for Protection affect custody in Minnesota?
Yes. A Minnesota OFP can include temporary custody provisions when minor children are involved. The court may temporarily change how custody or parenting time works if needed to protect the safety of the parent or children.
Can an OFP stop parenting time?
Yes, depending on the facts and the terms of the order. If the court finds that unrestricted parenting time would jeopardize safety, parenting time may be supervised, limited, conditioned, or denied.
Can children be protected by a Minnesota OFP?
Yes. Children may be listed as protected parties in an OFP when the legal requirements are met. If children are protected, the order may restrict the respondent’s contact with them.
What should I do if an OFP affects my parenting time?
Read the order carefully and follow it exactly. If the order limits your contact with your children or the other parent, do not violate it. Speak with an attorney quickly about your right to request a hearing or seek modification.
Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult a licensed attorney for guidance specific to your situation.
