What Is a Restraining Order? (And Why It’s More Serious Than It Sounds)

Most of us have heard the term “restraining order.” You may know someone who has asked for one, or someone who has had one filed against them. The idea seems simple enough: I don’t want this person near me, so I ask the court to keep them away. But the law behind these orders is more complicated than it looks. And even though restraining orders are handled in civil court rather than criminal court, having one issued against you can follow you for years.

Two types of restraining orders in Minnesota

Minnesota has two kinds of civil restraining orders:

• Orders for Protection (OFPs) are for domestic situations. They apply between family or household members: people who are or were married, are or were in a relationship, live or have lived together, or share a child.

• Harassment Restraining Orders (HROs) cover nearly everyone else. They can involve relatives, but they’re just as often between people with no family connection at all: neighbors, coworkers, former friends, acquaintances.

What has to be proven

A restraining order isn’t granted simply because someone asks for one. The person requesting it has to show the court that something actually happened.

• For an OFP, that means domestic abuse: physical harm, assault, or causing someone to fear imminent physical harm, among other things.

• For an HRO, that means harassment: repeated, unwanted contact or conduct that harms someone’s sense of safety, security, or privacy.

In many cases, a judge can issue a temporary order right away, based only on the written request, before the other person has a chance to respond. A hearing then gives both sides the opportunity to be heard, and the judge decides whether the order should stay in place.

Once an order is granted, the restrained person must follow it. Any prohibited contact — a text, a phone call, a message passed through a friend, showing up at a door — can lead to arrest and criminal charges.

Why it matters if one is issued against you

A restraining order affects far more than who you’re allowed to talk to. It can:

• Weigh heavily in a custody or parenting-time case

• Prohibit you from owning or possessing firearms

• Appear in background checks, affecting jobs, professional licenses, and housing

A request for a restraining order is serious. If one is granted against you, the consequences are real and lasting.

Talk to an Attorney

Whether you’re seeking protection or you’ve just been served with a petition, the stakes are high and the timelines move quickly. Ed Shaw Law can help you understand your options and prepare for your hearing.

Call 218-825-7030 or click here to schedule a consultation.

This post is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship.