Domestic violence can have serious physical, emotional, and financial consequences. If you or someone you know is experiencing domestic abuse, understanding your legal rights is the first step to securing protection. At Toepfer at Law, we are committed to helping survivors access legal protections and pro bono legal assistance through our growing referral network of attorneys in Central Minnesota.
Here’s what you need to know about legal options, restraining orders, and free legal aid for domestic violence survivors.
Understanding Domestic Violence in Minnesota
Under Minnesota law, domestic violence includes physical harm, threats, or intimidation by a spouse, partner, family member, or household member. This can involve:
- Physical violence – hitting, slapping, pushing, choking.
- Threats of harm – verbal, written, or non-verbal gestures that create a reasonable fear of harm (e.g., raising a fist as if to strike).
- Terroristic threats – threats to commit a violent act with intent to cause extreme fear.
If you are experiencing any of these forms of abuse, legal protection is available.
How to File a Restraining Order for Domestic Violence in Minnesota
A Restraining Order is a broad term that includes different legal protections. The most common types when dealing with personal relationships are:
- Order for Protection (OFP) – Issued in cases of domestic abuse involving physical harm, threats of harm, or terroristic threats.
- Harassment Restraining Order (HRO) – Used when there is repeated unwanted contact that does not necessarily involve domestic violence. Sometimes when an OFP might be appropriate but there is not sufficient evidence to obtain one, an HRO may still be a viable option.
Who Can File?
Anyone who has experienced domestic abuse from a spouse, partner, family member, or household member can request an Order for Protection. For harassment (HRO) cases, there is no requirement that there be a romantic or familial relation, and they may be obtained to protect you against any person who engages in repeated instances of unwanted contact.
Steps to File an OFP or HRO:
- Visit your local county courthouse or file online through Minnesota’s eFile system.
- Provide detailed information about the abuse, including dates, incidents, and any supporting evidence (texts, emails, police reports).
- If you are in immediate danger, a judge may issue a temporary order the same day.
- A court hearing will be scheduled where you can present evidence and request a long-term order (up to 2 years).
- If granted, violating the OFP or HRO can result in arrest and legal penalties.
Need Assistance? If you need help filing a restraining order, Toepfer at Law can provide guidance and resources.
Frequently Asked Questions About Restraining Orders
How long does an Order for Protection last?
- A temporary OFP lasts until the court hearing (usually within a few weeks).
- A final OFP can last up to two years and may be extended in cases of repeated violations or continued danger.
Can I apply for legal aid if I don’t have income?
- There are limited resources for pro bono representation. However, there are legal aid organizations and funding options available.
- Toepfer at Law is working with an outside organization to develop funding options for low or no-cost legal services. This is a work in progress, stay tuned!
Legal Representation for Domestic Violence Case
At Toepfer at Law, we provide paid legal representation for survivors seeking legal protections. However, we recognize that many victims do not have access to funds for legal services.
Our Commitment to Affordable Legal Services:
We are currently working with an outside organization to develop a funding program that will help provide low or no-cost representation for survivors in need. While full pro bono legal services are limited, we are committed to:
- Providing referrals to existing legal aid organizations.
- Offering representation when we have capacity to do so.
- Helping connect survivors with funding options as our program develops.
We hope to have more details to share soon. In the meantime, if you need legal assistance, contact Toepfer at Law—we will help however we can.
Additional Resources for Domestic Violence Survivors
If you are in immediate danger, call 911 or reach out to a local domestic violence shelter for emergency assistance.
Minnesota Domestic Violence Hotline – 📞 1-866-223-1111
Anna Marie’s Alliance (St. Cloud) – 📞 320-253-6900
Women’s Advocates (Statewide Resource) – 📞 651-227-8284
National Domestic Violence Hotline – 📞 1-800-799-SAFE (7233)
If you are unsure where to start, contact Toepfer at Law, and we will help guide you to the right resources.
Take the First Step Toward Safety & Legal Protection
No one should have to face domestic violence alone. Whether you need immediate protection, legal representation, or access to resources, Toepfer at Law is here to help. Need legal help or a funded attorney? Contact Toepfer at Law today—your safety and rights matter.