OFP's and HRO's: Whats the difference?
What is an OFP?
An Order for Protection (OFP) is a Court order that will help protect you from domestic abuse. An OFP tells the abuser to stop harming or threatening you or your children.
Who May File? (Minn. Stat. § 518B.01, subd. 4(a))
A. 
Petition for an Order for Protection can be filed by:
Petition for an Order for Protection can be filed by:a.any family or household member;b.a guardian; orc.a reputable adult age 25 or older on behalf of minor family or household members; ord.a person age 16 or 17 seeking protection from a person they:• are married to,• were married to, or• have a child with.Definitions: (Minn. Stat. § 518B.01, subd. 2)
1.Domestic Abuse is defined as any of the following conduct between family or household members:
Domestic Abuse is defined as any of the following conduct between family or household members:a.Actual physical harm, bodily injury, assault (such as hitting, kicking, slapping, pushing, stabbing), or fear of imminent physical harm, bodily injury or assault (such as verbal threats, threatening gestures); orb.Terroristic threats (such as a threat to commit a crime of violence, bomb threats, or threatening someone when holding a gun); orc.Criminal sexual conduct (such as forced sex or forced sexual contact with an adult or any form of sexual contact with a child); or
Criminal sexual conduct (such as forced sex or forced sexual contact with an adult or any form of sexual contact with a child); ord.Interference with an emergency call (intentionally interrupts, disrupts, impedes or interferes with an emergency call or intentionally prevents or hinders another from placing an emergency call.)
Interference with an emergency call (intentionally interrupts, disrupts, impedes or interferes with an emergency call or intentionally prevents or hinders another from placing an emergency call.)2.Family or household members are defined as:
Family or household members are defined as:a.Married personsb.Persons who were married but are now divorcedc.Parents, childrend.Persons related by blood (such as brothers, sisters, uncles, aunts, or grandparents)e.Persons who live together now or who lived together in the pastf.Persons who have a child together, even if they have not been married or lived togetherg.Persons who have an unborn child togetherh.Persons involved in a significant romantic or sexual relationshipIf your complaint DOES NOT involve "domestic abuse" AND "family or household members" as defined above, you cannot file a Petition for an Order for Protection. However, you may still be able to proceed under the harassment laws. Please ask at the Court administrator's office for harassment forms.HRO's
Who May Apply?
A person who is a victim of harassment (Petitioner) may seek a restraining order from the Court. The parent or guardian of a minor who is the victim of harassment may seek a restraining order on behalf of the minor. The restraining order prohibits harassment and may be issued against an individual (Respondent) who has engaged in harassment, or against organizations (Respondent) that have sponsored or promoted harassment. A restraining order ends on the date specified in the order. This is usually two years from the date the order is signed.
What is Harassment?
Under Minn. Stat. § 609.748, harassment is defined as:
1. A single incident of physical or sexual assault.
2. Repeated incidents of intrusive or unwanted acts, words or gestures that have a
substantial adverse effect or are intended to have a substantial adverse effect on the
safety, security or privacy of another, regardless of the relationship between you
and the alleged harasser.
3. Targeted residential picketing, which includes:
a.marching, standing, or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building, and
marching, standing, or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building, andb.marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located.
marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located. 4. A pattern of attending public events after being notified that one’s presence is
harassing to another.
To get a temporary restraining order under 1 and 2 above, the Petition must also allege an immediate and present danger of harassment. The purpose of the harassment restraining order is to protect a person from future harassment. Therefore, to get a restraining order under 1 and 2, there must have been acts that meet the definition of harassment AND a likelihood that the harassment will continue.
Harassing actions may also be crimes that should be reported to the police.
Friends Against Abuse
Nobody Deserves To Be Abused
