What is the Difference Between an Order for Protection and a Harassment Restraining Order?
Order for Protection
An Order for Protection, commonly referred to as an “OFP” is a restraining order that may be petitioned for in order to stop domestic abuse. A person may petition the court for an order for protection where domestic abuse has occurred. The person asking the court to provide an order for protection is called the petitioner, while the alleged abuser is referred to as the respondent. There are various actions that may constitute domestic abuse for purposes of obtaining an order for protection, including physical harm, threatened physical harm, forced sexual contact or interference with a 911 call. Sexual abuse of a minor can also be grounds for the court to grant an order for protection.
An order for protection, if granted, prevents contact between the alleged abuser and family or household members. An order for protection is specifically tailored to prevent ongoing domestic abuse, because it only applies to cases involving a spouse or former spouse, parents and children, those who live together or have previous lived together, those related by blood or share a child, and those involved in a romantic or sexual relationship. Because it is tailored to prevent domestic violence, an order for protection may mean that the alleged abuser cannot return to their home, contact their children, or communicate at all with their spouse or significant other. Violation of an order for protection is a crime and anyone who has an order for protection placed against them should immediately consult a criminal defense attorney to ascertain their rights.
Harassment Restraining Order
While an order for protection may only be issued where a familial or household relationship exists between the petitioner and alleged abuser, a Harassment Restraining Order (commonly known as an HRO) does not have this requirement. In fact, for a harassment restraining order to be issued, there does not need to be any relationship between the petitioner and alleged harasser. Minnesota Statutes provide a wide range of conduct that can be categorized as harassment. Harassment generally refers to a repeated pattern of harassing conduct, although in some circumstances harassment may occur where there is only a single incident.
Examples of harassment include:
Physical assault
Sexual assault
Nonconsensual release of private sexual images
Repeated incidents of intrusive/unwanted acts or words that have a substantial effect on a person’s safety, security or privacy
Violation of a harassment restraining order can also result in a criminal charge. Additional violations can rise in severity and can result in significant criminal penalties. If you have either a harassment restraining order or order for protection placed against you, it is crucial that you contact a criminal defense attorney for aid. Additionally, if you are a victim of domestic abuse or harassment and are in need of an OFP or HRO, contact the criminal defense attorneys at RAM Law for a free consultation.