Orders for Protection
Anyone seeking an Order For Protection (OFP) should contact the Dakota County District Court.
Pursuant to Minnesota Statute 518B.01, subd. 2(b), domestic abuse occurs to a family or household member if committed by a family or household member. Family or household member is defined as:
- Spouse and former spouse
- Parents and children
- Persons related by blood
- Persons who are currently residing together or who have resided together in the past
- Persons who have a child in common, regardless of whether they have been married or have lived together at any time
- A man or woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time
- Persons involved in a significant romantic or sexual relationship
An adult may file a Petition for an Order for Protection on behalf of any victim who is a minor, is considered vulnerable because of mental deficiency, or is of an advanced age.
When a judge reviews the Petition and Affidavit for an OFP, the judge will determine if an Ex Parte Temporary OFP should be issued. Hearings to review the OFP are usually scheduled seven (7) days following the filing of the OFP.
After the hearing, a judge will listen to both the petitioner (the filing party) and the respondent (the person the OFP is filed against) and will determine if a long term Order for Protection should be issued. This is generally for one year.
If an OFP is granted, the court will fax the OFP to the Civil Division of the Dakota County Sheriff's Office for service. The Sheriff's Office will arrange for service within Dakota County. If the respondent lives in another county, the Sheriff's Office will handle getting the order to the correct county for service.
In most cases, these orders can be served at any time and anywhere. It is important to fill out the information sheet with as much information as possible to help in obtaining service.