Under Minnesota Law, domestic abuse is deemed to occur when physical harm or fear of harm is inflicted on a family member or there is a reasonable threat of such immediate harm.  The making of terroristic threats or an act of criminal sexual conduct as defined by law may also be the basis for the issuance of a restraining order under our domestic abuse statute.

An application for an "Order for Protection" can be made separate and apart from the dissolution action.  A parent may also seek an Order for Protection on behalf of a minor child toward whom such actions are directed.

The Court, in its discretion, may grant an "Ex Parte Order" for protection which becomes effective immediately upon issuance without a hearing having been held.  Depending upon the circumstances, a hearing will either be scheduled or the party against whom the Order has issued will be given an option of requesting a hearing.  If a hearing is not held the Order, will remain in place for the time specified.

A Domestic Abuse Restraining Order may address issues such as contact between parties; occupancy of the homestead; division of personal property; custody and parenting time; and child support or spousal maintenance matters.

Restraining Orders may issue for up to two years, although typically such orders are in place for one year or less.  The contacts within which domestic abuse actions are brought are such that it is difficult for the Courts to fully assess issues of contested custody and parenting time and most judges prefer to do so in the context of a dissolution proceeding if there is an ongoing dissolution action.

Violation of an Order of Protection is a misdemeanor and the party violating the order is subject to arrest.  Multiple violations may result in filing of additional and more serious criminal charges and a risk of a felony conviction.