Violation of an OFP is subject to criminal penalties.
A violation of an OFP also constitutes contempt of court and is subject to the penalties for contempt. Minn. Stat. § 518B.01, subd. 14.
Statement of obligation and bond
The court may require the respondent to acknowledge an obligation to comply with an OFP on the record if the court finds that (1) the respondent has violated an OFP, and (2) there is reason to believe that the respondent will commit a further violation of the provisions of the order restraining the respondent from committing acts of domestic abuse, or 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.
Order to show cause
The court may issue an order to the respondent requiring the respondent to appear and show cause within 14 days why the respondent should not be found in contempt of court and punished. 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 that the respondent has violated an OFP. Minn. Stat. § 518B.01, subd. 14.
New order to replace expired order. If an OFP has expired between the time of an alleged violation and the court’s hearing on the violation, the court 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 court finds that the respondent has violated the order, the court may extend the relief granted in the new OFP for a fixed period, not to exceed one year, except when the court determines that a longer fixed period is appropriate. Minn. Stat. § 518B.01, subd. 14.
Firearm and/or pistol possession – information on restrictions on firearm and/or pistol possession stemming from violation of an OFP will be covered in a later post.
This and any related posts have been adopted from the Minnesota House of Representatives Research Department’s Information Brief, Domestic Abuse Laws in Minnesota – An Overview, written by legislative analyst Judith Zollar.
This post is also part of a series of posts on Domestic Abuse in Minnesota.