This document summarizes Minnesota statutes related to domestic abuse orders of protection. It defines domestic abuse and family members. It describes the court's jurisdiction over domestic abuse cases and the process for filing for an order of protection. This includes verifying existing orders, assisting with petitions, serving respondents, holding hearings, and addressing parenting time when an order for protection is in place.

1. To: Kate Adams
From: Henry Abel
Re: Domestic Abuse Act
Date: April 21, 2015
In Minn. Stat. 518.01 Subd. 2, Domestic Abuse is defined as committing physical harm,
bodily injury, or assault against a family or household member by a family or household
member. It also means inflicting physical harm, bodily injury, or assault on the family member.
Sexual misconduct, terroristic threats, and interference with an emergency call are included also.
“Family member” is defined as parents and children related by blood and/or are currently
residing together or have resided together in the past. This also includes persons who have a
child together regardless of marital status. If two people are in a significant romantic and/or
sexual relationship then they are considered “family members.”
In Minn. Stat. 518.01 Subd.3 the issue of court jurisdiction and application for relief from
that jurisdiction in the place of residence, county of any pending action involving the parties and
where the domestic abuse occurred is covered. The court will give actions in this section “docket
priority.” If the petitioner wishes to file an order for protection, the filing fees are waived under
Subd. 3a. The court may ask the respondent to pay to the court administrator the petitioner's
filing fees etc. if the court determines that the respondent has the ability to pay the petitioner's
fees and costs.
In Subd. 3b, if the petitioner requests, court information about the petitioner's location or
residence will not be made public and may be disclosed only to court personnel or law
enforcement for purposes of service of process, conducting an investigation, or enforcing an
order.
Subd. 4 refers to getting an order for protection in domestic abuse cases.
This request can be made by any family or household member personally or by a family or
household member. If the petitioner is a minor, they may make a request if the court finds them
mature enough. This request should allege the existence of domestic abuse, and will be
accompanied by an affidavit made under oath stating the specific facts and circumstances of the
abuse situation. The request must state whether the petitioner has ever had an order for protection
in effect against the respondent. It also must state whether there is an existing order for
protection in effect under this chapter governing both the parties and whether there is a pending
lawsuit, complaint, petition or other action between the parties. The court administrator is in
charge of verifying any existing order between the parties.
There should be no delay in providing relief because of any existing or pending order. An
existing order may be modified by another order in a separate action. The court will provide
forms and assistance with writing these petitions.
The court advises the petitioner of the right to serve the respondent by a published notice
if the respondent is avoiding personal service. The petitioner also has the right to seek restitution
under the requested petition for relief. The petitioner also has the right to a hearing and if they

2. don’t request one, one will be provided to them with a date mailed to them. The petitioner also
has a right to supervised parenting time if there are children living with either party. Under Minn.
Stat 518.175, parenting time is covered further in relation to when an order for protection is in
effect to protect the child or the parent the child resides with. The order for protection to protect
the child or the parent the child resides with will be considered when making a decision about
parenting time.