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1. What is an order for protection?

An Order for Protection (OFP) is a court order that will help protect you from domestic abuse. An OFP tells the person abusing you to stop harming or threatening you. Domestic abuse is defined as any of the following types of conduct or behavior between household or family members: physical harm, injury, assault, sexual assault, terroristic threats, or making a person fearful of harm, injury, or assault. Examples include hitting, kicking, pushing, choking, holding you down, threatening to harm or kill you or the children, forcing sex, or any sexual contact with a child.

2. Who can get an order for protection?

Any family or household member may ask the court for an OFP. A family or household member includes married or divorced people; parents and their children; persons related by blood; and people who live together or who have lived together in the past. People who have never lived together may also ask for an OFP if they have had a child together or have been involved in a significant romantic or sexual relationship. You can also apply for an OFP to protect a child in your family or household.

Victims of abuse who are at least 16 years old may get an OFP against an abuser if they are or were married to or have a child with him or her. Victims of abuse younger than 18 years old must have another family or household member or any adult get an OFP on their behalf.

If you do not qualify for an OFP, you may be able to get a Harassment Restraining Order.

3. Do I need a court order to stop the abuse?

No! Whether or not you have a court order it is against the law for anyone to assault, sexually assault, injure or threaten you. While a court order does not guarantee protection it does make it easier to protect you. It tells the abuser that further abuse will result in arrest, criminal charges and possible jail or fine. OFP’s make it easier for the police to arrest the person harming you.

4. Where do I file for an OFP?

To file for an OFP, contact the court administrator in the county where you live. The court may allow filing in the county where the respondent lives, in the county where the abuse happened, or in the county where you and the respondent have other family court cases.

In Anoka County call the court administrator at 763-422-7372 or 763-422-7377 to schedule an appointment and start the application process.

5. How do I get an OFP?

Ask a court administration clerk for OFP forms. Detailed instructions are available and court staff can assist you in the preparation of the forms. There is no fee to file the petition. After the papers are complete, court staff will review the papers with you to ensure they are completed properly. Your signature will be notarized and the paperwork will be taken to a judge for review. The judge determines if an OFP or an Order for Hearing should be signed.

In most cases the court will set a hearing date for no more than 14 days after you apply for an OFP; 7 days if any kind of relief or protection is granted immediately.

To make the process of obtaining an OFP more effective, bring with you the following information:

• A picture of the respondent for the Sheriff's Office
• The home and work address of the respondent
• Written notes describing the alleged abuse and when it happened
• Any police reports, photos, or medical reports related to the abuse

6. How does the respondent find out about this hearing and the order?

A certified electronic copy will be sent by court administration to the Sheriff's Office for personal service on the respondent. There is no cost to you for this service. If the Sheriff's Office cannot locate the respondent, the court may order service in other ways, such as by publication.

7. What happens at the hearing?

You must show up for the hearing! If you do not appear at the hearing, the case will be dismissed. If the respondent was served with the papers and does not show up for the court hearing, the judge will review your request and will usually grant the OFP. It is always advisable to be represented by a lawyer.

At the hearing you will tell the judge what happened. You are not required to present evidence other than your own testimony; however, it usually helps to bring police reports, medical records, or any photographs of injuries. You may also bring witnesses who saw the abuse, your injuries or heard you or your children being abused or threatened. (Note - It will be up to the judges discretion whether or not you are able to use written reports, affidavits, or statements from persons who are not present at the hearing as witnesses). The respondent will also have a chance to tell the judge his or her side of the story. The judge will usually make a decision right away about whether or not to issue an OFP.

8. What happens after the hearing? How long am I protected?

The Order for Protection, if granted, describes your rights. Read it carefully. The judges orders may be different than what you requested. The OFP will tell you the length of its term, with the average term being about one year. If you are still threatened, harassed, abused, or afraid, you can contact court administration before the order expires and request an extension.

9. What happens if the respondent violates the order?

If the respondent disobeys the order call the police or sheriff immediately. Keep a copy of the order with you at all times. The respondent may be put in jail for up to 90 days and be ordered to pay a fine of up to $1,000 if found guilty of disobeying or violating the order.

10. How do I change, extend or dismiss an order for protection?

Contact the court administrator's office and explain that you wish to change, extend, or dismiss your order. Additional forms will need to be completed and the clerk will tell you how to proceed.

It is important to have your order dismissed by a judge if you and the respondent wish to live together again or have contact.