Protective orders · Minnesota · checked 29 Aug 2026

Protective orders in Minnesota.

Who can ask for one, what you have to show, what a judge can order, what it costs, and what happens if it is broken — quoted from Minnesota’s own statutes, not summarized.

If you are in danger right now, call 911. The National Domestic Violence Hotline is available 24 hours a day on 1-800-799-7233, and at thehotline.org. If it is not safe to speak, you can text START to 88788. This page tells you what the law says. It cannot tell you what to do in your situation, and it is not a substitute for talking to an advocate or a lawyer.
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Does this cover me?

Who can ask for one

Minnesota’s list of qualifying relationships is in subdivision 2, and it ends with a category that is wider than most: people in a significant romantic or sexual relationship, without any requirement that they lived together or were married.

Minn. Stat. s. 518B.01, subd. 2 — family or household membersspouses and former spouses; parents and children; persons related by blood; persons who are presently 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 and woman if the woman is pregnant and the man is alleged to be the father; and persons involved in a significant romantic or sexual relationship

Whether a relationship is "significant" is judged on the facts — how long it lasted, how often you saw each other, how recently it ended.

What you have to show

Minnesota’s definition of domestic abuse is narrower than Connecticut’s or Hawaii’s — it does not contain a general coercive-control category — but it names two things most states leave out.

Minn. Stat. s. 518B.01, subd. 2 — domestic abuse(1) physical harm, bodily injury, or assault; (2) the infliction of fear of imminent physical harm, bodily injury, or assault; or (3) terroristic threats … criminal sexual conduct … sexual extortion … or interference with an emergency call

Interference with an emergency call is domestic abuse in Minnesota in its own right. Taking a phone away, breaking it, or blocking someone from dialling 911 is not merely evidence of something else — it is itself a ground for an order. So is sexual extortion, which covers threats to distribute intimate images.

The second limb is worth reading carefully too: the infliction of fear of imminent harm. No contact has to have happened. Making someone afraid is the abuse.

Can I get something today?

Ex parte — before the other person is heard

Minn. Stat. s. 518B.01, subd. 7Where an application under this section alleges an immediate and present danger of domestic abuse, the court may grant an ex parte order for protection

The relief a judge can grant at that stage includes restraining the respondent from committing acts of domestic abuse, excluding them from the dwelling, limiting their access to your workplace, and prohibiting contact.

The order after a hearing

How long it lasts — and the fifty-year order

The ordinary Minnesota order runs up to two years. But the statute contains a provision that exists in almost no other state, for people who have been through this repeatedly.

Minn. Stat. s. 518B.01, subd. 6aup to 50 years, if the court finds: (1) the respondent has violated a prior or existing order for protection on two or more occasions; or (2) the petitioner has had two or more orders for protection in effect against the same respondent

Fifty years. Two violations of an earlier order, or two previous orders against the same person, and the court can make an order that will outlast most of the rest of your life.

The practical significance is for someone on their third application, exhausted, assuming the answer is another two years and then the whole thing again. It is not. Bring the paperwork from the earlier orders and the earlier violations to the hearing, because those documents are what unlock the longer order, and a court cannot count what it has not been shown.

Firearms

What Minnesota’s own law says

Where the court orders a transfer of firearms, the deadline is three business days. They go to a federally licensed dealer, to a law enforcement agency, or to a third party who may lawfully receive them.

The statute distinguishes a temporary transfer from a permanent one, and provides that a temporary transfer does not convey ownership — the firearms are being held, not given away. That distinction matters in practice because it removes one of the arguments respondents make for not complying.

▸ See how this compares — all 50 states, side by side

What it costs

Fees

Nothing, and Minnesota says so in the statute itself rather than leaving it to court practice.

Minn. Stat. s. 518B.01, subd. 3aThe filing fees for an order for protection under this section are waived for the petitioner and respondent.

Note that the waiver runs to both sides. Nobody is charged a filing fee for an order for protection in Minnesota.

If they break it

What a violation is, and what it carries

Minnesota escalates violations sharply, and it attaches mandatory minimum jail terms at the first two levels.

A violation is a misdemeanour, carrying a minimum of three days imprisonment together with counseling or other appropriate programs.

It becomes a gross misdemeanour where it happens within ten years of a previous qualified domestic violence-related offense, and that carries a minimum of ten days imprisonment.

It becomes a felony — up to five years and a fine of up to $10,000 — where there are prior convictions within the statutory window, or where the violation involved a dangerous weapon.

The ten-year lookback is doing a lot of work here. A prior offense from years ago still counts, which means a violation that looks minor on its own can carry a mandatory jail term.

Worth knowing about Minnesota

The things that are different here

Fifty-year orders exist. Two prior violations, or two previous orders against the same person, and the court can make one. Bring the old paperwork.

Interference with an emergency call is domestic abuse in its own right — taking or breaking a phone to stop a 911 call.

Sexual extortion is named, which reaches threats to distribute intimate images.

Fear alone qualifies. The infliction of fear of imminent harm is the second limb of the definition; nothing has to have been done to you physically.

Filing fees are waived in the statute, for both sides.

Significant romantic or sexual relationship is a qualifying category, with no cohabitation requirement.

Mandatory minimum jail — three days for a first violation, ten days for a gross misdemeanour.

Penalties for violating a Minnesota order — and the minimum sentences

Minnesota is one of the few states that writes minimum jail time into the violation offense and then forbids the court to suspend it. Subdivision 14 was amended again by Laws 2026, ch. 75 § 5, in force since 1 August 2026.

The three tiers

First violation — misdemeanor, minimum three days

Where the respondent “knows of the existence of the order”, violation is a misdemeanor. “Upon a misdemeanor conviction under this paragraph, the defendant must be sentenced to a minimum of three days imprisonment and must be ordered to participate in counseling or other appropriate programs.” If the jail term is stayed and they then refuse the treatment, “the court must impose and execute the stayed jail sentence.”

Within ten years of a prior — gross misdemeanor, minimum ten days

Triggered by a violation “within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency”, with a minimum of ten days. “Notwithstanding section 609.135, the court must impose and execute the minimum sentence.”

Two or more priors, or armed — felony, up to five years and $10,000

A felony where the violation occurs “within ten years of the first of two or more previous qualified domestic violence-related offense convictions”, or “while possessing a dangerous weapon.” Even where sentence is stayed, the court “shall impose at least a 30-day period of incarceration as a condition of probation.”

Two things to notice. The ten-year lookback runs on “qualified domestic violence-related offenses” generally, defined by cross-reference to § 609.02 subd. 16 — not only on prior breaches of a protective order. And the felony route at (d)(2) needs no prior at all: possessing a dangerous weapon during the violation is enough on its own.

Arrest is mandatory, and they are held for 36 hours

Paragraph (e): a peace officer “shall arrest without a warrant” on probable cause that the person has violated the order — “even if the violation of the order did not take place in the presence of the peace officer” — if the order can be verified. And then:

“A person arrested under this paragraph shall be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge.”

That mandatory hold is a safety provision, not a punishment: it exists to give you a window. If you get a call saying an arrest has been made, you have at least a day and a half, and often more once weekends are excluded, to change locks, arrange somewhere to stay, or get to court.

One fair caveat in the same paragraph: where the order is first served on the person at a place where their presence is itself a violation, they must be given “a reasonable opportunity to leave the location in the presence of the peace officer” before arrest.

Two provisions that protect you specifically

You cannot violate your own order — paragraph (i)

“The admittance into petitioner’s dwelling of an abusing party excluded from the dwelling under an order for protection is not a violation by the petitioner of the order for protection.” If you let them in — for any reason, or none — that is not a breach by you. It does not undo the order and it is not held against you.

An expired order can be revived on the violation — paragraph (h)

If the order expires between the alleged violation and the hearing on it, the court may grant a new order “based solely on the respondent’s alleged violation of the prior order”, and on finding the violation proved, extend relief for a fixed period “not to exceed one year, except when the court determines a longer fixed period is appropriate.” Running out the clock is not a strategy that works in Minnesota.

Firearms consequences on conviction

Paragraph (k): on conviction under (b) or (c) the court must inform the defendant they are prohibited from possessing firearms for three years from conviction. Paragraph (j) goes further — where the court determines the person “used a firearm in any way” during the violation, it may prohibit possession “for any period longer than three years or for the remainder of the person’s life.” Breaching that is itself a gross misdemeanor.

The bond power — paragraph (f)

Where the court finds a violation and has reason to believe there will be another, it may require the respondent to acknowledge the obligation on the record and post a bond “sufficient to deter the respondent from committing further violations … not to exceed $10,000.” If they refuse, “the court shall commit the respondent to the county jail during the term of the order for protection or until the respondent complies.” This is an underused remedy and worth asking about if violations are repeating but prosecution is going nowhere.

What a Minnesota judge can order, and for how long

Duration — subd. 6(b)

“Any relief granted by the order for protection shall be for a period not to exceed two years, except when the court determines a longer period is appropriate.”

Two years is the ordinary ceiling, but the exception is written in general terms — a Minnesota judge may go longer where the circumstances warrant it, without needing to satisfy a list of statutory conditions the way Maryland or Texas require.

The relief list — subd. 6(a), as amended in 2026

Sixteen categories, and the sixteenth is new this year. Beyond the obvious restraints, exclusion from the shared dwelling and from “a reasonable area surrounding” it, the list includes: temporary custody and parenting time decided on a basis that “gives primary consideration to the safety of the victim and the children”; temporary support; treatment or counseling; temporary use and possession of property with a restraint on transferring or concealing it; exclusion from your place of employment, or limits on access to you there; a no-contact order covering contact “in person, by telephone, mail, or electronic mail or messaging, through a third party, or by any other means”; restitution; continuance of insurance cover “without change in coverage or beneficiary designation”; care and possession of pets and a bar on harming them; and a catch-all.

Three of those are worth flagging because petitioners routinely fail to ask for them: the workplace provision, the insurance provision — which stops a spouse quietly removing you as beneficiary or dropping your health cover while the order runs — and restitution, which lets the protection order itself carry a money remedy.

On custody, note the limit the Legislature wrote in: “The court’s decision on custody and parenting time shall in no way delay the issuance of an order for protection granting other relief”, and “The court must not enter a parenting plan under section 518.1705 as part of an action for an order for protection.” Protection first; the full custody architecture belongs in its own case.

Who counts as family or household members — subd. 2(b)

Spouses and former spouses; parents and children; persons related by blood; persons presently residing together or who have resided together in the past; persons who have a child in common; a pregnant woman and the alleged father; and “persons involved in a significant romantic or sexual relationship.”

For that last category the court must consider “the length of time of the relationship; type of relationship; frequency of interaction between the parties; and, if the relationship has terminated, length of time since the termination.” No cohabitation is required, and there is no fixed cut-off after a relationship ends.

The part that is the same in every state

An order from one state works in all of them

This is federal law and it does not change at a state line. An order issued by one state, tribe or territory must be enforced by every other as if that state had issued it. And you do not have to register it in the new state first — registration is optional, not a precondition to enforcement.

18 U.S.C. s. 2265(a)Any protection order issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory as if it were the order of the enforcing State or tribe.
18 U.S.C. s. 2265(d)(2)Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State, tribal, or territorial jurisdiction.

The same section also says the enforcing state must not tell the restrained person that the order has been registered there unless the protected person asks it to, and must not publish anything online that would be likely to reveal the protected person’s identity or location.

The federal firearms rule needs a hearing first

This is the single most misunderstood point in the whole subject, and it cuts against what most people assume. The federal prohibition at 18 U.S.C. s. 922(g)(8) reaches a person subject to an order only where three things are true: the order was made after a hearing of which they had actual notice and at which they had a chance to take part; it restrains them in relation to an intimate partner or that partner’s child; and it either carries a credible-threat finding or expressly forbids the use of force.

So an emergency or ex parte order does not trigger the federal prohibition on its own — there has been no hearing yet. State law may go further, and many states do, which is why the state rule is set out on this page separately. In United States v. Rahimi (2024) the Supreme Court upheld s. 922(g)(8), holding that “When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment.”

This rule is narrower than it looks, and the detail matters. Who counts as an “intimate partner” is a defined term that excludes dating partners you never lived with; the two halves of the third condition are not equally settled after Rahimi; and there is a separate federal route based on convictions rather than orders, which does reach dating partners. We set all of it out, quoted from the United States Code, on one page: Guns and protection orders — the federal rule.

How does this state compare? Ten states do nothing at all about firearms on a protection order; fourteen prohibit possession but give the court no way to collect them. All fifty side by side: which states actually take the guns.

You should not be charged for this — in any state

This is settled, and it is worth knowing before you walk into a courthouse. Under 34 U.S.C. s. 10450, a state applying for STOP grant funding must certify to the Attorney General that its "laws, policies, and practices do not require" a victim to bear the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a protection order or a petition for one — nor the costs of filing criminal charges, or of warrants and witness subpoenas. A jurisdiction that does charge has its funds withheld and redistributed to the states that do not.

Every state receives STOP funding and every state has certified compliance. The practical consequence, in the words of the National Center on Protection Orders and Full Faith & Credit, is that victims "should not be required to pay such costs in any state". That covers having the papers served on the other person, which is the charge people are most often asked for.

Two honest qualifications. The provision does not stop a court charging the respondent — many states order costs against them, and that is permitted. And it is a funding condition rather than a direct federal ban, so what a clerk does on a given day can still be wrong. If you are asked to pay a fee for any of the things listed above, you can say that your state has certified under 34 U.S.C. s. 10450 that it does not charge for them. Advocates can also raise it with the National Center on Protection Orders and Full Faith & Credit on 1-800-903-0111, prompt 2.

Where this state’s own statute says so expressly, that is quoted above.

Authority: Minn. Stat. s. 518B.01, "Domestic Abuse Act." Definitions at subd. 2. Filing fees at subd. 3a. Duration at subd. 6a. Ex parte orders at subd. 7. Firearms transfer at subd. 6. Violation and penalties at subd. 14. Checked 29 Aug 2026.

Checked 29 August 2026

How we checked this page

Every quotation on this page was read in the source named in the Authority line above, not taken from a summary or another website. On this date we also re-checked every section cited for repeal, renumbering or amendment since 2024 — the sweep that caught North Dakota’s chapter being repealed and replaced, and Nebraska’s moving to an entirely new title.

What we could not do, and would rather say so than paper over:

  • Minnesota harassment restraining orders — a separate remedy under s. 609.748 for people outside the family or household categories. This page does not cover it.
  • The 2026 amendments are in force but not yet published in the Revisor’s consolidated text. Laws 2026, ch. 75 and ch. 97 art. 7 amended subdivisions 4, 6 and 14 and, carrying no stated effective date, took effect 1 August 2026 under Minn. Stat. s. 645.02. We have set out the amended text. If you look up s. 518B.01 on the Revisor’s site and the wording differs, that is why — and it means most Minnesota guidance online is currently a version behind.

What we cannot promise is that nothing has changed since this date. Quote the words with confidence; check a section number before you put it in a filing. And if anything here does not match what a clerk or judge tells you, the court is right and we are wrong — tell us and we will fix it.

We keep a public record of every time we have got the law wrong on these pages, what caused it, and how long it was live: where we were wrong.

If there are children

What Minnesota presumes about custody, and the emergency jurisdiction that exists when someone has to leave the state.

Custody in Minnesota →

Know someone in Minnesota staring at this number?

A straight answer about money is more useful than most advice, and it costs nothing to pass along. Nothing here asks for their real name, and nobody finds out they looked.

Sources last checked29 August 2026
Page published28 August 2026
What this means. This is when the sources on this page were last read against their originals — statutes, court rules, official schedules — taken from the dates recorded against the individual citations on this page. It is not the date the page was last edited. Adding a link or fixing a typo does not move it; re-reading the statute does. Where we get something wrong we publish it at thecusp.app/corrections with the date, what changed, and how long the error was live.