Civil Process - Order for Protection
Victims of domestic violence may seek an Order for Protection (OFP) from Family Court. It is not necessary for a victim to report the violence to the police in order to request an OFP, but the Renville County Sheriff's Office strongly recommends they do. This allows the criminal justice system to intervene in the situation.
Pursuant to Minnesota Statue 518B.01 Subd. 2(b), domestic abuse occurs to a family or household member if committed by a family or household member. Family or household member is defined as:
- Spouse and former spouse
- Parents and children
- Persons related by blood
- Persons who are currently 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 or a woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time
- Persons involved in a significant romantic or sexual relationship
- An adult may file a Petition for an Order for Protection on behalf of any victim who is a minor, is considered vulnerable because of mental deficiency, or is of an advanced age.
Anyone seeking an OFP should contact the Renville County Court Administrator at (320) 523-3680. A judge will review the Petition and Affidavit for an OFP, and then determine if an Ex Parte Temporary OFP should be issued. Hearings to review the OFP are usually scheduled seven (7) days following the filing of the OFP.
At the hearing, a judge will listen to both the petitioner (the filing party) and the respondent (the person the OFP is filed against) and will determine if a long-term Order for Protection should be issued. This is generally for one or two years.
If an OFP is granted, either temporary or long-term, it will be brought to the Renville County Sheriff's Office to be served. The Sheriff's Office will arrange for service within Renville County. If the respondent lives in another county, the Renville County Sheriff's Office will fax the Order to the local Sheriff's Office.
In most cases, these Orders can be served at any time and anywhere. The domestic abuse advocate will gather as much information as possible to assist the Deputies in locating the respondent.
The Court Administrator does not charge a filing fee for this OFP, nor does the Sheriff's Office charge a fee for this service