Education for Justice FACT SHEET F-5 Fall 2009

ORDERS FOR PROTECTION AND

HARASSMENT ORDERS

WHAT IS AN ORDER FOR PROTECTION?

An Order For Protection (OFP) is a court order to stop family violence. An OFP is not a criminal case. It takes place in family court. The court can order things that keep the abuser away from you and your home or order them to get counseling or treatment. It can also order child support, custody or parenting time (visitation).

WHAT IS FAMILY VIOLENCE (DOMESTIC ABUSE)?

Family violence is when someone is hurting you physically or threatening you with immediate physical harm. This includes sexual violence and terroristic threats. Examples are hitting, throwing things at you, pushing, saying things like “I’ll kill you,” waving a weapon at you, killing your pets, or forcing you to have sex. Not letting you call 911 for help is also family violence.

WHO CAN GET AN OFP?

You can get an OFP to stop abuse by any of the following people:

· Your husband or wife (you do not need to start a divorce to get an OFP)

· Your ex-husband or ex-wife

· Anyone you have or had a significant romantic or sexual relationship with

· Any blood relative

· Anyone you live with now, or have lived with

· Your parent

· Your child, if they are more than 18 years old

· The father or mother of your child or unborn child

If the abuser does not fit any of these categories, then go to the end of this fact sheet to learn about Harassment Orders.

CAN I GET AN OFP FOR SOMEONE ELSE WHO IS BEING ABUSED?

• You can apply for an OFP for a child in your family or household.
• If you are worried about a child in someone else’s family, it is best to report the abuse to Child Protection first.
• If you are worried about abuse of an adult in someone else’s family or household, call Adult Protection Services.

DO I HAVE TO GET AN OFP TO STOP THE ABUSE?

No. Even without an OFP, it is illegal for anyone to hurt, rape, or threaten you. It is also against the law for someone to stop you from calling 911 for help. But an OFP can make it easier to protect yourself. It tells the abuser that more threats or abuse will lead to arrest, criminal charges and maybe jail or a fine. OFPs make it easier for the police to arrest the abuser.

HOW DO I GET AN OFP?

1. Go to the courthouse or call the domestic abuse office at the courthouse.

2. Fill out the forms (Petition and Affidavit). A court clerk or an advocate will help you file papers telling the court what happened, and what you want.

3. You do not have to pay a filing fee.

4. You do not need a lawyer.

5. If you need immediate protection from danger, ask for an “ex parte” order. “Ex parte” means without telling the person on the other side of the case. The order is signed the same day you apply, before the abuser is served. An ex parte order protects you until there is a hearing.

6. In most cases, you will have a hearing within 14 days. It will be within 7 days if you got an ex parte order.

7. In some cases, you can get an OFP without having a court hearing. See page 4 for more information.

CAN I GET AN OFP IF I JUST MOVED TO MINNESOTA?

Yes. There are no residency rules for getting an OFP.

WHAT CAN I ASK THE COURT TO DO?

The court can order many things:

· That the abuser not harm or threaten you, the children, or anyone in your home.

· That the abuser cannot contact you in person, use another person to contact you, or contact you by email, messaging, phone or any other way.

· That the abuser leave your home, even if you have left the home temporarily to seek shelter.

· That the abuser stay away from where you work, live, and go to school.

· That you have temporary custody of the children.

· That the abuser’s parenting time (visitation) with the children be limited, take place away from you and be supervised by someone else.

· Order temporary child support.

· Order alimony (also called “temporary spousal maintenance”).

· Order counseling or other social services for one or both of you, if you ask for it and are married or have children.

· Order the abuser to go to counseling or treatment.

· Give one or the other of you the temporary right to keep or use certain items of property.

· Order one or both of you not to sell, give away, destroy, or harm property.

· Order the sheriff to help you get your things out of the home or to provide protection.

· Order the abuser to pay for costs you have had because of the abuse. This can be medical bills or the cost of replacing or repairing damaged property.

· Order that they keep insurance for you and the children.

You can ask the court not to use or give out your address in any public papers.

It is illegal for a person to have a gun if there is an OFP against him or her. Ask the court in your papers to order the abuser to turn all guns over to the police.

DOES AN OFP AFFECT CUSTODY?

Yes. In future custody hearings, the court must take the OFP into account, even if the OFP is from a court in a different state.

WHAT HAPPENS AT THE HEARING?

You must show up for the hearing! If you do not, the OFP will be dismissed. If you are not ready to go to the hearing, you can ask for a hearing on another day (continuance). At the hearing, you tell the judge what happened. If possible, bring evidence like police reports, medical records, and photos. Also bring witnesses who saw the abuse or your injuries, or heard you or the children being threatened. The abuser can tell the court his or her side of the story. The judge may ask questions to both of you. You may be allowed to ask each other questions. The judge usually makes a decision right away. You can have an advocate or lawyer with you, but you do not have to.

Sometimes the abuser will also file for an OFP, claiming that you have abused him or her. The judge can hear both petitions at the same time. The judge may then make a “Mutual Order For Protection” (Order against both of you). If the abuser does not file a petition, a judge must not give a mutual order.

WHAT HAPPENS AFTER THE HEARING? HOW LONG AM I PROTECTED?

The OFP describes your rights. Read it carefully. The judge may order different things than what you asked for. The court will send a copy of the OFP to the local sheriff and police. You should also take a copy to your local police station. If you move, tell the court and the police your new address. The order says how long it lasts, up to 2 years in most cases.

If your abuser has violated the OFP or no contact order or you are still threatened or afraid when the order runs out, ask the court to extend it. The court may issue a renewal order that can last up to 50 years. If you want the renewal order to last longer then 1 or 2 years, you will need to show that your abuser violated the prior order(s) at least 2 times OR that you have had 2 prior orders for protection against the same abuser in the past.

Keep a copy of the OFP with you at all times!

WHAT CAN I DO IF THE ABUSER VIOLATES THE OFP?

If the abuser threatens or harms you or the children, or comes to your home, it is a violation of the OFP.

• Call the police or sheriff right away. The police should arrest the abuser. The police do not have to see the assault or threat, but they do need to see a copy of the OFP. Violating the OFP is a crime, and the abuser can get up to 90 days in jail and up to $700 in fines. The abuser can also be punished for any other crimes they commit while violating the OFP. Having a weapon may add to the punishment. If the abuser tries to keep you from making a 911 call, that is also a crime.

· You can also go back to Family Court to enforce the OFP. You can file a form with the court stating how the abuser violated the OFP. You can use this form if the abuser does not pay child support, does not follow the custody or parenting time order, or fails to go to counseling – if those things were part of the OFP. The judge can order the abuser to appear in court for a hearing. Both you and the abuser can testify. If the judge decides that the abuser violated the OFP, they can be punished.

WHAT IF I LET THE ABUSER INTO MY HOME?

You do not violate the OFP by letting the abuser into your home. If the abuser will not leave, or threatens you, the OFP is still there for you to use. In fact, the abuser violates the order by coming into your home, even if invited. But, for your own safety, do not invite him or her in!

DO I NEED A COURT HEARING TO GET AN OFP?

Not necessarily. You can ask for an OFP without asking for a hearing. But the abuser has a right to a hearing, if they ask for it. If you have children together, it is best to ask for a hearing.

If you do not ask for a hearing, the court can only order 4 things:

1. that the abuser not harm or threaten you or the children;
2. that the abuser leave the house;
3. that the abuser stay away from your work; and
4. that they keep insurance for you or the children.

You can also ask for temporary custody of the children. But some courts may not allow this, so, if you have children, ask for a hearing. The abuser has 5 days to ask for a hearing after the sheriff serves the papers on them. If they do ask for a hearing, it will be in 8 to 10 days. The court will send you a notice of the date. Check with the court every day to see if the abuser has asked for a hearing. If there is a hearing and you do not show up, the OFP will be dismissed.

IS AN OFP GOOD IN OTHER STATES?

Yes. If you move to a new state, file your OFP at the courthouse of your new area and take a copy to the local police. But even if you do not file the OFP or take a copy to the police, the new state should still enforce your order.

MFIP AND OFPs

If you get MFIP, tell your worker about the OFP. Most parents on MFIP can only get MFIP for 60 months (5 years) in their life. MFIP has rules about how many hours per week you must spend on work activities. Work activities are work, work search, or training. But you may be able to do less work activities if you are a victim of family violence. See a family violence counselor. To find one in your area, call 1-(866) 223-1111. The counselor can help you ask to have the 5 year clock stopped and help you set up an Employment Plan that takes your situation into account. See our fact sheet, MFIP For Family Violence Victims.

HARASSMENT ORDERS

You can get a restraining order to prevent harassment in situations where you couldn’t get an OFP. For an OFP, the abuser must be family, you must have lived with them, or you must have a family or significant romantic relationship. For a harassment order, the relationship between you and the harasser does not matter. The harasser may be a stranger, a neighbor or a co-worker.

“Harassment” means acts, words or gestures that the harasser uses that get in the way of your safety, security, or privacy. This can be threatening to hurt you or your property, stalking or following you, or repeatedly mailing or delivering objects to you.

Getting a restraining order from harassment is like getting an OFP:

· Apply at the court with a petition and affidavit. The court has the forms.

· Pay filing fees (if you have a low income, you can ask to file for free). Sometimes there is no fee. This depends on what the harasser has done.

· The sheriff serves the papers.

The hearing is like an OFP hearing. The court order can:

· Order the harasser not to contact you and your family;

· Allow police to arrest the harasser without a warrant; and

· Last for 2 years.

Minneapolis Legal Aid – CLE MN Legal Services Coalition 2324 University Avenue W. – Suite 101B St. Paul, MN 55114

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