Violating Order for Protection & Minnesota Criminal Law

Domestic Violence Law and Minnesota Criminal Penalties for Violations of Orders for Protection

Any actual violation of an Order for Protection (OFP) is by definition subject to criminal penalties under Minnesota state law.

Minnesota Contempt of Court for Violation of Order for Protection

Any violation of a legally-valid OFP constitutes contempt of court and is subject to state penalties under Minnesota law for contempt of court. Minn. Stat. § 518B.01, subd. 14.

Minnesota Sentencing Law for Order for Protection Violation

Minnesota law provides misdemeanor, gross misdemeanor, and felony penalties for a violation of an Order for Protection (OFP) issued under the Minnesota Domestic Abuse Act – or even under any other similar laws of another state within the United States, the District of Columbia, tribal or “Indian” lands, or the United States territories. Further, if there is any violation of a legal sound Order for Protection, it constitutes (if proven) contempt of court, and it is subject to the penalties for contempt of court as determined by the Minnesota sentencing laws and guideline.

The penalty is a misdemeanor if the person knowing violates any OFP. A “knowing violation” means that the respondent knows of the existence of the order. Laws 2002, ch. 282, § 1.

The penalty is a gross misdemeanor if the person knowingly violates an OFP within ten (10) years of a previous qualified domestic violence related offense conviction or adjudication of delinquency.

The penalty is a five-year felony if the person knowingly violates the order within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency. Felony penalties also apply to persons who commit the violation while possessing a dangerous weapon. Minnesota law provides minimum sentences upon misdemeanor, gross misdemeanor, and felony convictions. Also Minnesota law requires the court to order the defendant to participate in counseling or other appropriate programs selected by the court. Minn. Stat. § 518B.01, subd. 14.

Minnesota Legal Requirements for Statement of Obligation and Bond for Respondent

A judge may require the respondent to acknowledge an obligation to comply with an Order for Protection (OFP) on the record if the judge finds that the respondent has violated an OFP previously and also that there is reason to believe that the respondent will commit a further violation of the terms or conditions of the order (1) restraining the respondent from committing any acts of domestic abuse or (2) excluding the respondent from the petitioner’s residence. The court also may require the respondent to post a bond sufficient to deter the respondent from committing additional violations. If the respondent refuses to comply with an order to acknowledge the obligation or to post a bond, the court must commit the respondent to the county jail during the term of the OFP or until the respondent complies. Minn. Stat. § 518B.01, subd. 14.

Discretionary Order to Show Cause Under Minnesota Law

The court may issue an order to the respondent requiring the respondent to appear and show cause within fourteen (14) days why the respondent should not be found in contempt of court and punished in accordance with Minnesota sentencing laws governing contempt of court. This order may be issued upon the filing of an affidavit by the petitioner, a peace officer, or an interested party designated by the court alleging the respondent has violated an Order for Protection (OFP) while in the state of Minnesota or under the jurisdiction of the same. Minn. Stat. § 518B.01, subd. 14.

Minnesota Law Allows a New Order for Protection to Replace an Expired Order for Protection Under Certain Circumstances

If an Order for Protection (OFP) has expired between the time of an alleged violation and the court’s hearing on the violation, the judge may grant a new OFP based solely on the respondent’s alleged violation of a prior order, which is effective until the hearing on the alleged violation of the prior order. If the judge finds that the respondent has violated the order, the judge may extend the relief granted in the new OFP for a fixed period of time (not to exceed one (1) year), except when the court determines that a longer fixed period is appropriate. Minn. Stat. § 518B.01, subd. 14.

How Much Does It Cost?

Each situation has its own complexities and there are many aspects to discuss to understand the details of your situation and advise you accurately. We have an experienced attorney here who would be happy to analyze your situation’s circumstances and advise you of your legal rights and options. This can generally be accomplished during a one-hour meeting (which can be by phone). Our fee for a one-hour meeting is $300. Work beyond that initial hour is at usual hourly rates. We do not offer free consultations on this type of work.

Leave a Public Comment

  • Aracelly
    June 27, 2015, 2:47 am

    CHILD PROTECTION. .. Domestic abuse system … the duluth cort for protection of my sonwas 6-23-2015.
    We leave in Richfield mn.
    we need a lawyer to help me save my son from the abuse the system and of the destruction mind of this sick person. 612 250-1038.
    I’ll sign anything for help.
    612 250-1038

  • Aracelly
    June 27, 2015, 2:38 am

    CHILD PROTECTION is not doing there job, i need help, my Ofp got violated so many times, after that police has done nothing, my ex is a loong time criminal, has done on me identidy fraud, convicted of domestic abuse, irs fraud, social security fraud, Hennepin county hospital fraud, he was meth manufacturer, user, etc, 2 days ago in st louis county a save shelter help us to get ofp file. My ex here in minneapolis whent to family court and he get a ofp as well an order to get my son, he shows up in duluth and order yeling to a legal aid lawyer and to the judge, i want my son and i want it know.
    with all this desturbing lies…I’m desperate i can’t sleep just to think on my child save..
    on his hands. Today after i talk to VOLUNTEER LAWYERS NETWORK They can may be …may be help me if i can get them to extend the court day 30 days… i request to judge…i more fear now ..but what can i do? I need help ..i need a lawyer to represent me? Please lawyer help me going after all this abuse case and the system. ..612 250-1038
    Save my son.
    he has hurd him many times always like accidentally, as well Tylenol over dosis one and meds, not one is doing nothing to help. Every where i go i get treated like im the mother that needs to be the victim…. please help… child protection has done nothing the investigators don’t care. Now they are in vacation til july 7??????? And they stil not contact me?

  • Corrie Buendgen
    May 3, 2013, 11:33 pm

    Can the person I have an order of protection against visit my next door (apartment) neighbor? I am constantly face to face with this person every time I leave or return to my home.

  • Tonya Barthel
    January 19, 2013, 11:44 pm

    If my Ex whom I have a 2 year OFP against uses his lawyer (third party) to ask for my facebook account and password, is this a Violation?

  • Aaron D. Hall
    December 15, 2012, 3:53 pm
    Aaron D. Hall

    An OFP only goes one way unless it says specifically that neither party may contact another. That is, the OFP legally orders one party to stay away from the other. So if you are ordered to stay away from someone and they are contacting you, you must take reasonable action to leave or discontinue contact. If it remains a problem, you can seek an OFP against the other party.


  • Julie
    December 15, 2012, 1:29 am

    Does a OFP work both ways no matter who violates it?

  • Nick
    October 22, 2012, 5:49 pm

    What happens when the petitioner calls respondent leaves a voice mail and also sends respondent a letter in the mail?