In 2002, I was assaulted. At that time, I received an OFP that has now expired. My abuser was criminally charged and ultimately sent to jail. He is supposed to be released from jail next month. I haven't had any contact with him since he was criminally charged. Can I get an OFP?

YES! Minnesota law was amended in 2004 to include a provision for OFPs to be extended or reissued upon a Respondent's release from incarceration. The law is now broad enough for a Petitioner to get an extension or subsequent OFP when a Respondent is released from incarceration for any reason. The Respondent could have been incarcerated for any type of offense, not just a violation of an OFP or domestic abuse.

An OFP is typically issued for one year. The Domestic Abuse Act provides for extending an OFP or if an OFP has expired, getting a subsequent OFP.

The standard for getting a subsequent or extension OFP is different than the standard for getting a first OFP. Minnesota Statutes 518B.01, subd. 6(a) is the part of the Domestic Abuse Act that applies to extensions and subsequent orders. If you show one of the following, you should be granted a subsequent order or an extension:

1. Respondent violated the prior OFP. There does not need to be a conviction or even a criminal charge. You do need to show that respondent violated the order in some way.

2. Respondent has engaged in harassment or stalking behavior.

3. Petitioner is reasonably in fear of physical harm from the respondent.

4. Respondent is to be released from incarceration.

The important difference between first orders and subsequent orders is that for an second order you do not need to show fear of imminent or immediate harm.

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