St. Paul, MN family law attorney Thomas Tuft talks about the process for obtaining an Order for Protection. He notes that the process generally begins with filing a petition, which includes a detailed affidavit outlining all the allegations and the history of events—though the court typically gives greater weight to more recent incidents. That petition is presented to a judge, who often reviews it and, in many cases, signs an emergency order.

Once that order is issued, law enforcement, usually the sheriff, serves it on the abusive spouse. At that point, the abusive party is typically ordered to vacate the home, surrender their keys, and collect only essential personal items before being directed to leave.

After the immediate emergency is addressed, a formal hearing follows. At that hearing, the accused party can admit the allegations, deny them, or agree to the issuance of an order without admitting or denying the claims. If the matter is not resolved at that stage, it proceeds to trial. While sometimes the trial occurs the same day, more often it is scheduled for a later date when the judge has more time to hear the case. At trial, both sides present their stories in a structured, formal setting, and the judge makes the final ruling.