Minnesota OFP & Harassment Restraining Order Defense
Being served with a protective order can turn your life upside down overnight. You may be told to leave your home. You may have to give up your guns. And you may not fully understand what kind of order you are facing. These orders are civil, but breaking one is a crime. That mix catches many people off guard.
At Lundgren & Johnson, we defend people who have been served with a protective order in Minnesota as part of our criminal defense practice. We also defend people charged with violating one. This page explains the three kinds of orders and how we may be able to help.
Three Orders in Minnesota: OFP, HRO, and DANCO
Minnesota has three main orders, and people mix them up all the time. Knowing which one you face matters.
An Order for Protection, or OFP, is for domestic situations. It is used between family or household members, such as a spouse, an ex, a co-parent, or someone you dated. It comes from Minn. Stat. 518B.01.
A Harassment Restraining Order, or HRO, does not need any relationship. It can be filed by a neighbor, a coworker, or a stranger. It is based on harassment and comes from Minn. Stat. 609.748.
A Domestic Abuse No Contact Order, or DANCO, is different. A DANCO is a separate order regarding contact that is independent of a defendant’s conditions of release. It can be issued while a case is pending, and also as part of probation. It comes from Minn. Stat. 629.75.
These orders are separate from the crime of stalking, which is charged under its own law.
A Civil Order With Criminal Consequences
An OFP and an HRO start as civil court orders. But once an order is in place, breaking it is a crime. A violation can be a misdemeanor, a gross misdemeanor, or a felony, depending on your record.
Here is a trap that surprises people. It does not matter if the protected person invites contact. If the order says no contact, reaching out is still a violation. Police must arrest you if they have reason to believe you broke the order. Do not rely on a text that says it is okay to come over.
What an Order Can Take From You
These orders can do more than keep you away from one person. A court can order you to leave your own home. It can require you to give up your firearms. It can limit contact with your children. And it can affect a divorce or custody case.
An order can also show up in background checks. That can touch your job, your housing, and your record. This is why an order is worth fighting, even when it feels like only paperwork.
How Long an Order Lasts
Most orders last up to two years. But they can run much longer in some cases. If someone has had two or more orders against the same person, or that person has violated orders before, an order can last up to 50 years. There is one door back. On a long-term harassment order, the respondent can ask the court to end or change it after five years, as long as they have not violated it.
Fighting the Order at the Hearing
Many orders start without you there. A judge can sign a temporary order based only on the other side’s story. Then you get a hearing where you can respond.
That hearing is your chance. You can tell your side, question the claims, and point out gaps in the evidence. The standard the court uses is lower than in a criminal case, so preparation matters. For an HRO and OFP, you usually must ask for a hearing within a short window after you are served. So act fast.
If You Are Charged With Violating an Order
Violating an OFP, HRO, or DANCO is a separate criminal charge. It can carry jail time and a lasting record. Common defenses include a lack of proof that you knew about the order, a lack of proof that contact happened, or contact that the order did not actually forbid. We look closely at what the order said and what the state can prove.
How We Help
We defend both sides of these cases. We fight the order at the hearing, and we defend charges for violating one. We work to protect your home, your gun rights, and your record. We cannot promise a result. Our goal is to give you a strong, honest defense. If your gun rights are at risk, ask us about restoring your firearm rights.
Frequently Asked Questions
What is the difference between an OFP and an HRO?
An OFP is for domestic situations between family or household members. An HRO is for harassment by anyone, with no relationship needed.
Is a restraining order a criminal case?
The order itself is civil. But violating it is a crime that can bring jail and a record.
Can they take my guns with a protective order?
Yes. An OFP can require you to give up your firearms while the order is in effect.
The person contacted me first. Is that a defense?
No. Even if they contact you first, replying still violates a no-contact order. Talk to a lawyer before you respond to anyone.
How long do I have to fight an HRO or OFP?
Not long. After you are served, you usually must request a hearing within a short window. Do not wait.
Do you handle these cases across Minnesota?
Yes. We serve the Twin Cities metro and greater Minnesota. Call (612) 767-9643.
Talk With a Minnesota Restraining Order Defense Lawyer
Were you served with a protective order, or charged with violating one, in Minnesota? The deadlines are short and the stakes are high. Call Lundgren & Johnson at (612) 767-9643 or use our contact form. We will review your case and explain your options.