Accessibility of Protection Orders in Minnesota
Domestic and sexual violence advocates play a crucial role in safety planning and assisting victims in applying for a protective order. While assisting victims, advocates should remember that all protective orders, including an Order for Protection (OFP) and Harassment Restraining Order (HRO), are public documents. This may come as a surprise to those who believe that such personal documents would remain private. Pursuant to Minnesota Rules of Public Access, subdivision 1, all records relating to these protective orders are accessible to the public after they have been served on the Respondent. Not only will the Respondent have a copy of all paperwork filed (with some limited exceptions), but anyone from the public can choose to view a copy at the courthouse and purchase a copy of the paperwork filed. OFP and HRO hearings are also open to the public. The only exception to the general rule that these documents are public are the Law Enforcement Information Sheet and Confidential Address Request Form, if one is filed.
When assisting with the drafting and filing of a protective order, advocates can make sure that their clients are aware that their petition and affidavit, ex parte, and any final orders issued by the Court will not be confidential. Victims can then decide if it is safe for them to proceed with a protective order, or if other safety planning measures are better in their situation. If a protective order is a safe option, advocates can work with their clients to strategize about what identifying information to put into the Petition by keeping the following tips in mind.
Petitioners have the option to list their email address so that they will be informed when the Petition has been served. If a Petitioner does not want this information to be available to Respondent, or to anyone who may view a copy of the Petition, they can avoid listing their email address at all. In the alternative, they can invent a new email address for the sole purpose of receiving this update, or advocates can call the Sheriff’s Office directly for an update on service.
Petitioners also have the chance to list locations that they want protected, should a protective order be granted. Although Petitioners may want their home and work addresses protected from the Respondent, they should keep in mind that listing these locations in the Petition will disclose them to the Respondent. If the Petitioner feels that any of their addresses are unknown to the Respondent, they may instead want to list them as ‘confidential.’ The Petitioner can then ask that Respondent be ordered to keep away from their addresses should that address become known to the Respondent in the future.
At the end of the Petition, the Petitioner must sign under oath and list their contact information, including phone number and address. If there is any concern about making any of this information publicly available, the Petitioner may list this information as Confidential and separately submit a Confidential Address/Phone Request. As a reminder, the Confidential Address Request Form remains confidential and is a method for Petitioners to pursue a protective order while keeping their physical location protected.
The most difficult situation for an advocate and Petitioner will likely be determining the level of detail to put into the Petition. It is important to include enough information for the Judge reviewing the Petition to determine that domestic abuse or harassment has occurred. If the Petitioner skips a question or only gives very limited information, the Court may deny an ex parte order, which can lead to your Client feeling even less safe or unheard. Limiting the information in a Petition may also limit the testimony that a Petitioner can give at trial, should a trial occur in the future. Advocates can help clients decide how to best describe the domestic abuse or harassment that has occurred. The advocates and attorneys at Standpoint are always available to brainstorm with advocates and victim/survivors, including how to best draft a petition given each person’s unique circumstances.