Domestic Violence Protection Order - Minnesota

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Minnesota requires the use of official court form OFP102 (Petition for Order for Protection)
for domestic violence protection order petitions. This template provides the substantive legal
content to help you prepare — but you must transfer your content to the official form before
filing. The official form is available at
https://mncourts.gov/getforms/domestic-abuse/form-ofp102-petition-for-order-of-protection.
Do not file this document directly with the court.

STATE OF MINNESOTA

DISTRICT COURT, [JUDICIAL DISTRICT]

FAMILY COURT DIVISION

Court File No.: [___]

ORDER FOR PROTECTION

(Domestic Violence Protection Order Template)

TABLE OF CONTENTS

1. Document Header
2. Recitals & Jurisdictional Findings
3. Definitions
4. Operative Injunctive Provisions
5. Representations, Certifications & Findings
6. Covenants & Continuing Obligations
7. Default, Enforcement & Penalties
8. Dispute Resolution & Governing Law
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties
a. Petitioner: [PETITIONER NAME], date of birth [___], residing at [CONFIDENTIAL OR PUBLIC ADDRESS].
b. Respondent: [RESPONDENT NAME], date of birth [___], residing at [ADDRESS].

1.2 Children Involved (if any)
• [NAME, DOB]
• [NAME, DOB]

1.3 Effective Date
This Order shall become effective immediately upon signing by the Court (the “Effective Date”) and shall remain in force until [EXPIRATION DATE OR “further order of the Court”], unless otherwise modified, extended, or vacated pursuant to Minn. Stat. § 518B.01. An order for protection is effective for a fixed period set by the court, not to exceed two years, except as otherwise provided for subsequent orders under Minn. Stat. § 518B.01, subd. 6a.

1.4 Jurisdiction & Venue
The Court has subject-matter jurisdiction under Minn. Stat. § 518B.01 and personal jurisdiction over the parties. Venue is proper in [COUNTY] County, Minnesota.

2. RECITALS & JURISDICTIONAL FINDINGS

2.1 Relationship of the Parties
The parties are family or household members within the meaning of Minn. Stat. § 518B.01, subd. 2(b): [spouses / former spouses / parents of a child in common / persons who reside or have resided together / persons related by blood / persons in a significant romantic or sexual relationship (specify)].

2.2 Allegations & Prima Facie Showing
The Petition alleges acts of “domestic abuse,” as that term is defined in Minn. Stat. § 518B.01, subd. 2(a), namely [brief description of alleged conduct] committed on or about [DATE] within [COUNTY] County, Minnesota.

2.3 Notice & Opportunity to Be Heard
Respondent was [served personally / appeared voluntarily] on [DATE]. A hearing was held (or waived) consistent with Minn. Stat. § 518B.01, subd. 5.

2.4 Immediate Need for Protection
The Court finds that Petitioner and/or the minor child(ren) are in need of immediate relief to prevent further domestic abuse.

3. DEFINITIONS

For purposes of this Order:

a. “Act of Domestic Abuse” means any act referenced in Minn. Stat. § 518B.01, subd. 2(a).
b. “Contact” includes but is not limited to in-person contact, telephone calls, text messages, emails, social media, or third-party communications.
c. “Excluded Residence” means the dwelling located at [ADDRESS] from which Respondent is ordered excluded herein.
d. “Firearm” is defined as in 18 U.S.C. § 921(a)(3); under Minnesota law a firearm is a “dangerous weapon” as defined in Minn. Stat. § 609.02, subd. 6.
e. “Order” means this Order for Protection, including any attachments, amendments, or extensions.

4. OPERATIVE INJUNCTIVE PROVISIONS

4.1 No Abuse
Respondent SHALL NOT commit any Act of Domestic Abuse against Petitioner or the minor child(ren).

4.2 No Contact
Respondent SHALL NOT have any Contact with Petitioner or the minor child(ren), except:
• [court-ordered parenting time / through counsel / as otherwise specifically permitted below].

4.3 Exclusion From Residence
Respondent is ORDERED to vacate the Excluded Residence immediately and shall remain excluded for the duration of this Order.

4.4 Temporary Custody & Parenting Time
a. Legal Custody: [SOLE TO PETITIONER / JOINT].
b. Physical Custody: [SOLE TO PETITIONER / JOINT].
c. Parenting Time: [Supervised visitation at a certified facility / reasonable phone contact / NONE].

4.5 Prohibition on and Transfer of Firearms
Where this Order restrains Respondent from harassing, stalking, or threatening Petitioner (or from conduct that would place Petitioner in reasonable fear of bodily injury) and the Court finds that Respondent represents a credible threat to the physical safety of Petitioner — or the Order prohibits Respondent from using, attempting to use, or threatening to use physical force against Petitioner — this Order PROHIBITS Respondent from possessing firearms for the length of the Order. In that event, the Court shall order Respondent to transfer any firearms Respondent possesses, within three business days, to a federally licensed firearms dealer, a law enforcement agency, or a third party who may lawfully receive them (not a third party who resides with Respondent). Respondent must file proof of transfer as required by statute. Minn. Stat. § 518B.01, subd. 6(g)–(h).

4.6 Support & Maintenance (Interim)
Respondent shall pay temporary child support and/or spousal maintenance in the amount of $[AMOUNT] per [week/month] commencing [DATE]. Withholding shall issue.

4.7 Counseling & Treatment
Respondent is ORDERED to enroll in and complete [domestic violence treatment program / chemical dependency assessment] within [DAYS] and provide proof of enrollment to the Court by [DATE].

4.8 Law Enforcement Assist & Property Retrieval
a. Law enforcement is directed to remove Respondent from the Excluded Residence and ensure peaceful transfer of personal effects as listed in Attachment A.
b. A one-time, time-limited retrieval of personal property shall occur on [DATE] between [TIME] and [TIME], in law-enforcement presence.

4.9 Other Relief
[Insert any additional court-authorized remedies: e.g., phone number transfer, pet protection, cost reimbursement].

5. REPRESENTATIONS, CERTIFICATIONS & FINDINGS

5.1 Petitioner’s Certification
Petitioner has executed the Petition and any supporting affidavit under penalty of perjury in compliance with Minn. Stat. § 358.116.

5.2 Respondent’s Appearance or Default
Respondent [appeared and was heard / failed to appear after proper service and is in default].

5.3 Service of Process
Proof of service is filed herein showing compliance with Minn. Stat. § 518B.01, subd. 5.

5.4 Judicial Findings
a. Domestic abuse has occurred.
b. The relief granted herein is the least restrictive means necessary to protect Petitioner and/or the minor child(ren).

6. COVENANTS & CONTINUING OBLIGATIONS

6.1 Compliance Monitoring
Respondent shall keep the Court apprised of any address change within 48 hours.

6.2 Mandatory Disclosures
Respondent shall disclose, within 48 hours, the location and serial numbers of all Firearms in Respondent’s actual or constructive possession as of the Effective Date.

6.3 Notice of Other Proceedings
Each party shall immediately notify this Court of any pending or subsequently filed family- or criminal-court proceeding that may affect or conflict with this Order.

7. DEFAULT, ENFORCEMENT & PENALTIES

7.1 Criminal Enforcement
Violation of this Order by a person who knows of its existence is a misdemeanor (with a mandatory minimum of three days’ imprisonment and required counseling), and is a gross misdemeanor or felony upon the qualifying prior-offense or dangerous-weapon enhancements. Minn. Stat. § 518B.01, subd. 14. A violation shall also constitute contempt of court subject to the penalties in Minn. Stat. ch. 588.

7.2 Civil Contempt
Upon a finding of contempt, this Court may impose the penalties provided in Minn. Stat. ch. 588, including a fine of not more than $250 or imprisonment for not more than six months. Minn. Stat. § 588.10.

7.3 Arrest Without Warrant
A peace officer shall arrest Respondent without a warrant upon probable cause to believe Respondent has violated this Order — even if the violation did not occur in the officer’s presence — if the existence of the Order can be verified. A person so arrested shall be held in custody for at least 36 hours (excluding the day of arrest, Sundays, and holidays) unless released earlier by a judge or judicial officer. Minn. Stat. § 518B.01, subd. 14(e).

7.4 Attorney’s Fees & Costs
The Court may award reasonable attorney’s fees, costs, and disbursements to the prevailing party on any enforcement motion.

7.5 Continuing Jurisdiction
The Court retains jurisdiction to enforce, modify, or extend this Order.

8. DISPUTE RESOLUTION & GOVERNING LAW

8.1 Governing Law
This Order is governed by the Domestic Abuse Act, Minn. Stat. § 518B.01, and other applicable Minnesota and federal law.

8.2 Forum
Exclusive jurisdiction and venue for any proceeding regarding this Order shall lie in the Minnesota District Court, [JUDICIAL DISTRICT], Family Court Division.

8.3 Arbitration & Jury Waiver
Not applicable; family-court matters are non-jury under Minnesota law.

9. GENERAL PROVISIONS

9.1 Modification or Extension
Either party may move to modify or extend this Order under Minn. Stat. § 518B.01, subd. 6a, upon proper notice and filing.

9.2 Severability
If any provision of this Order is held invalid, the remaining provisions shall remain in full force and effect.

9.3 Integration
This document constitutes the entire Order; any oral statements are merged herein.

9.4 Service & Proof
A certified copy of this Order shall be served on Respondent by [sheriff/other] and transmitted forthwith to local law-enforcement agencies for entry into the statewide court information system and the National Crime Information Center (NCIC) protection-order file.

9.5 Electronic Signatures
The signature of the Court on this Order, when required by law, may be made electronically if authorized by statute or court rule. Minn. Stat. § 645.44, subd. 14.

10. EXECUTION BLOCK

SO ORDERED.

Dated: [DATE]

________________________________________
Judge of District Court
Name: [PRINTED NAME]
Chambers: [ADDRESS | PHONE]

ACKNOWLEDGMENT OF SERVICE BY LAW ENFORCEMENT

I certify that on [DATE] at [TIME], I personally served a true and correct copy of this Order on Respondent at [LOCATION].

________________________________________
Name & Badge No.: [___]
Agency: [___]
Date: [___]

ATTACHMENT A – PERSONAL PROPERTY RETRIEVAL LIST

1. [Item]
2. [Item]
3. [Item]

END OF DOCUMENT