Receiving a restraining order can feel overwhelming, but you can challenge it. In Minnesota, the process starts once the order is served.
Understanding the restraining order process
In Minnesota, the court issues a restraining order, also known as an order for protection (OFP), when someone claims harm or a threat of harm. The court will issue the order if it finds reasonable cause after someone files a petition. These orders restrict you from contacting, visiting, or being near the petitioner.
Once the order is served, you have limited time to contest it in court. Both sides will present their case, and you can argue to have the order lifted or modified.
What happens in the court hearing?
The hearing allows both sides to present their case. The petitioner will explain why they requested the order, and you can defend your position. You should present evidence like alibis, text messages, or witnesses who can support your side.
If the judge finds insufficient evidence of abuse or threats, the court will dismiss the restraining order. Alternatively, the judge may reduce the restrictions by modifying the order.
What evidence can you use to fight a restraining order?
To challenge the restraining order, you must present strong evidence that counters the petitioner’s claims. Useful evidence includes witness testimonies, phone records, messages that contradict the allegations, an alibi or proof that you were elsewhere during the alleged incident, and video or audio recordings that support your side.
Your success depends on the quality of your evidence. Gather everything that may support your case.
What are the consequences if you don’t fight a restraining order?
If you don’t contest the order, the court will keep it in effect, and you must comply. Violating the order can lead to arrest, fines, or jail time. It’s important to take the order seriously.
Taking action early helps you avoid unnecessary restrictions and protect your rights. A restraining order can significantly affect your life, including your ability to see family members or go about daily activities without worrying about legal consequences.
Challenging the order in court may result in the court lifting or modifying it, allowing you to move forward with fewer restrictions.
