This is an official Minnesota court form for use in an order for protection case, an Affidavit and Motion to Modify Order for Protection. USLF amends and updates these forms as is required by Minnesota Statutes and Law.
Minneapolis Minnesota Affidavit and Motion to Modify Order for Protection
State:
Minnesota
City:
Minneapolis
Control #:
MN-OFP401
Format:
PDF
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How to fill out Minnesota Affidavit And Motion To Modify Order For Protection?
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FAQ
Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.
There is no cost to apply for an OFP and no cost to the petitioner for serving the respondent. There is also no cost for the respondent to request a hearing. There is, however, a filing fee to start a harassment case. The fee may be waived under the law depending on what the victim alleges.
Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.
They are public. A conviction record shows that a jury or judge accepted the allegation as true beyond a reasonable doubt. Criminal case restraining orders, though public, are still less damaging than a record of conviction.
Use Minnesota Guide & File to create the forms you need to Ask for a MN Restraining Order - either an Order for Protection or Harassment Restraining Order. You can file the forms electronically (eFile) through Guide & File, or print your completed forms. For more information, visit our Guide & File Help Topic.
Only a judge may order the removal of a DANCO. If you want to have a DANCO removed, you need to work with a Minnesota criminal defense attorney who can file a petition with the court on your behalf. An attorney can advise you on the process, and how to navigate the court system without violating the existing DANCO.
To file for an HRO, you can go to the district court in the county where you live, where the harasser lives, or where the harassment took place. A judge will decide whether or not to issue you an ex parte temporary order on the day you file.
Use Minnesota Guide & File to create the forms you need to Ask for a MN Restraining Order ? either an Order for Protection or Harassment Restraining Order. You can file the forms electronically (eFile) through Guide & File, or print your completed forms. For more information, visit our Guide & File Help Topic.
The order can last for up to two years, but you may petition to have it extended if you need further protection once the order expires.
Minnesota Statutes Section 609.749 prohibits harassing another person by engaging in conduct that causes the victim to feel frightened, threatened, oppressed, persecuted, or intimidated, regardless of the relationship between the harasser and victim.