How to Extend An OFP

Minn. stat 518B.01 covers this topic. (Subd. 6a)

Also an application available on MNCourts:  OFP701_Current

The key requirements are: in Subdivision 6:

•  notice to all parties
• A hearing
• If expired if a petitioner’s order for protection is no longer in effect when an application for subsequent relief is made, grant a new order.
• up to 50 years IF two violations… OR two orders

Court may extend if:

• Violated the prior order
• Reasonably in fear of physical harm
• stalking as defined under 609.749.   (intent too injury property..or person..follows…repeastedymakes telephone calls, text messages…)
• Person is in jail/prison about to be released or has been released

NOTE:   does not need to show imminent physical harm (as required by the original OFP)

ex parte or not?

• 2. 518B.01 Subd. 6a. 2(a)
     1. Permissive not mandatory – the court may extend the terms relief granted in an existing order for protection
        1. Has violated a prior order
        2. Reasonably in fear of physical harm
        3. Engaged in Harassment. (under 609.749)
           1. NOTE: A petitioner does not need to show that physical harm is imminent to obtain an extension or a subsequent order under this subdivision.
           2. NOTE: wife was not required to show present harm or intent to do present harm before obtaining a subsequent order for protection OFP against husband; (Braend v. Braend (Oct 3 2006, ct of appeals,  A05-2522)
           3. the petitioner need only show reasonable fear of physical harm for the OFP extension to issue(Ekman v. Miller 812 N.W.2d 892 2012)
           4. NOTE: need not be conviction violation is enough. Ekman v. Miller 812 N.W.2d 892 2012
           5. Clearly erroneous standard of review

1. McCintosh v. Mcintosh 740 N.W.2d 1 (2007 ct app)
   1. 2 violations dismissed (in person, one driving to house, one called)
   2. Must show “reasonable fear of physical harm”