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A Guide to Civil Process for the Citizens of Anoka County

Order for Protection

This site is intended as a guide to Civil Process for the citizens of Anoka County. The information contained herein is meant to answer the most common questions received by office staff. THE INFORMATION PROVIDED HEREIN IS INTENDED ONLY TO BE A GENERAL OUTLINE OF THE PROCEDURES THE SHERIFF'S OFFICE FOLLOWS. IT IS INFORMATIONAL ONLY AND YOU SHOULD NEVER RELY ON THIS INFORMATION AS LEGAL ADVICE TO YOU. IF YOU ARE UNSURE OF HOW TO PROCEED, YOU SHOULD PROTECT YOURSELF BY CONSULTING A LAWYER ABOUT WHAT YOU SHOULD DO IN YOUR INDIVIDUAL SITUATION. LAWS IN THIS AREA ARE COMPLICATED AND A LAWYER CAN SUGGEST THE APPROPRIATE COURSE OF LEGAL ACTION TO TAKE IN YOUR CASE. THE SHERIFF'S OFFICE CANNOT GIVE YOU LEGAL ADVICE NOR CAN IT RECOMMEND ANY SPECIFIC LAWYER OR LAW FIRM.

On this page, see:

• Getting an Order for Protection
• Frequently Asked Questions about Order for Protection
• Phone Numbers related to Domestic Assault and Order for Protection

Getting an Order for Protection

Victims of domestic violence may seek an Order for Protection (OFP) from Family Court. It is not necessary that the victim report the violence to the police in order to request and obtain an OFP. However, the Anoka County Sheriff’s Office strongly encourages the reporting of acts of violence.

Pursuant to Minnesota State Statute 518B.01 Subd. 2(b), domestic assault occurs to a family or household member if the assault is committed by another family or household member. Family or household member is defined as:

• Spouse or former spouse
• Parents or children
• Person related by blood
• Persons who are currently residing together or who have resided together in the past
• Persons who have a child in common regardless of whether they have been married or have lived together at any time
• A man or woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time
• Persons involved in a significant romantic or sexual relationship

An adult may file a petition for an Order for Protection (OFP) on behalf of any victim who is a minor, is considered vulnerable because of mental deficiency, or is of an advanced age.

Persons seeking an OFP should contact Anoka County Court Administration at 763-422-7372 or 763-422-7377. Court staff will assist you in preparing the affidavit and petition needed to obtain an OFP.

A judge will review the petition and affidavit for an OFP, and a determination will be made about the need to issue an Ex Parte Temporary OFP. A hearing to review the OFP is usually scheduled seven days following the filing of an OFP.

At the hearing the judge will listen to both the petitioner (the filing party) and the respondent (the person against whom the OFP was filed) and will determine if a long-term OFP should be issued. If granted, this order is generally issued for 1 - 2 years.

If an OFP is granted, the order should be brought to the Anoka County Sheriff’ Office - Civil Unit to be served. The Sheriff’s Office will arrange for service within Anoka County. If the respondent lives outside of Anoka County, the Sheriff’s Office will fax the Order to the local Sheriff’s Office for service.

In most cases the order can be served at any time and any place.

The Court Administrator does not charge a filing fee for the OFP and the Sheriff’s Office does not charge a fee for service in these cases.

Frequently Asked Questions (FAQ) about Order for Protection

What is an order for protection?

An Order for Protection (OFP) is a court order that will help protect you from domestic abuse. An OFP tells the person abusing you to stop harming or threatening you. Domestic abuse is defined as any of the following types of conduct or behavior between household or family members: physical harm, injury, assault, sexual assault, terroristic threats, or making a person fearful of harm, injury, or assault. Examples include hitting, kicking, pushing, choking, holding you down, threatening to harm or kill you or the children, forcing sex, or any sexual contact with a child.

Who can get an order for protection?

Any family or household member may ask the court for an OFP. A family or household member includes married or divorced people; parents and their children; persons related by blood; and people who live together or who have lived together in the past. People who have never lived together may also ask for an OFP if they have had a child together or have been involved in a significant romantic or sexual relationship. You can also apply for an OFP to protect a child in your family or household.

Victims of abuse who are at least 16 years old may get an OFP against an abuser if they are or were married to or have a child with him or her. Victims of abuse younger than 18 years old must have another family or household member or any adult get an OFP on their behalf.

If you do not qualify for an OFP, you may be able to get a Harassment Restraining Order.

Do I need a court order to stop the abuse?

No! Whether or not you have a court order it is against the law for anyone to assault, sexually assault, injure or threaten you. While a court order does not guarantee protection it does make it easier to protect you. It tells the abuser that further abuse will result in arrest, criminal charges and possible jail or fine. OFP’s make it easier for the police to arrest the person harming you.

Where do I file for an OFP?

To file for an OFP, contact the Court Administrator in the county where you live. The court may allow filing in the county where the respondent lives, in the county where the abuse happened, or in the county where you and the respondent have other family court cases.

In Anoka County call the Court Administrator at 763-422-7372 or 763-422-7377 to schedule an appointment and start the application process.

How do I get an OFP?

Ask a court administration clerk for OFP forms. Detailed instructions are available and court staff can assist you in the preparation of the forms. There is no fee to file the petition. After the papers are complete, court staff will review the papers with you to ensure they are completed properly. Your signature will be notarized and the paperwork will be taken to a judge for review. The judge determines if an OFP or an Order for Hearing should be signed.

In most cases the court will set a hearing date for no more than 14 days after you apply for an OFP; 7 days if any kind of relief or protection is granted immediately.

To make the process of obtaining an OFP more effective, bring with you the following information:

• A picture of the respondent for the Sheriff's Office
• The home and work address of the respondent
• Written notes describing the alleged abuse and when it happened
• Any police reports, photos, or medical reports related to the abuse.

How does the respondent find out about this hearing and the order?

You will take copies of the petition and order to the Sheriff to be personally handed to (served on) the respondent. This is done by a Deputy Sheriff. There is no cost to you for this service. If the Sheriff's Office cannot locate the respondent, the court may order service in other ways, such as by publication.

What happens at the hearing?

You must show up for the hearing! If you do not appear at the hearing, the case will be dismissed. If the respondent was served with the papers and does not show up for the court hearing, the judge will review your request and will usually grant the OFP. It is always advisable to be represented by a lawyer.

At the hearing you will tell the judge what happened. You are not required to present evidence other than your own testimony; however, it usually helps to bring police reports, medical records, or any photographs of injuries. You may also bring witnesses who saw the abuse, your injuries or heard you or your children being abused or threatened. (Note - It will be up to the judges discretion whether or not you are able to use written reports, affidavits, or statements from persons who are not present at the hearing as witnesses). The respondent will also have a chance to tell the judge his or her side of the story. The Judge will usually make a decision right away about whether or not to issue an OFP.

What happens after the hearing? How long am I protected?

The Order for Protection, if granted, describes your rights. READ IT CAREFULLY. The judges orders may be different than what you requested. The OFP will tell you the length of its term, with the average term being about one year. If you are still threatened, harassed, abused, or afraid, you can contact Court Administration before the order expires and request an extension.

What happens if the respondent violates the order?

If the respondent disobeys the order call the police or sheriff immediately. KEEP A COPY OF THE ORDER WITH YOU AT ALL TIMES. The respondent may be put in jail for up to 90 days and be ordered to pay a fine of up to $1,000 if found guilty of disobeying or violating the order.

How do I change, extedn or dismiss an order for protection?

Contact the Court Administrator's office and explain that you wish to change, extend, or dismiss your order. Additional forms will need to be completed and the clerk will tell you how to proceed.

It is important to have your order dismissed by a judge if you and the respondent wish to live together again or have contact.

Phone Numbers Related to Domestic Assault and Order for Protection

• Alexandra House (Shelter) - 763-576-9999
• Anoka County Sheriff - 763-323-5009
• Anoka County Child Protection - 763-422-7125
• Anoka County Adult Protection - 763-422-7070
• Anoka County Court Administration - 763-422-7372 or 422-7377
• Fathers Resource Centers - 2507 Fremont Ave N., Minneapolis, 612-521-3409
  Additional Metro locations - 1201 89th Ave #305, Blaine, 763-783-4938
• First Call for Help, United Way - 612-291-0211