Skip to main content

Can I add my newborn to my Order for Protection?

Saint Paul, MN |

I have been granted an Order for Protection. I am pregnant due in a month or so. After my baby is born, can I add them to the OP? Obviously I could not add them originally because they were not yet born. The respondent's threats to kill the baby both in utero and after birth were included in my affidavit.

+ Read More

Attorney answers 3


If the child was not the subject of abuse, they would not be a person covered by an Order for Protection. If there have been threats of bodily harm, there maybe a basis to seek an Order for Protection on behalf of the minor child once born. However, that would require a hearing and, potentially, a court trial if the allegations are denied and the defendant seeks an evidentiary hearing.

Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter.


No you cannot unless the abuser commits the qualifying acts in the statute against the newborn. The threats to kill the baby after birth may be enough to qualify.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.


You would need to bring a new action to obtain an OFP for you newborn. You cannot simply write in a name. However, you could certainly help support your motion with the threats to kill your child.

-Drake Metzger
Metzger Law Firm, LLC

Nothing in this response constitutes legal advice. Metzger Law Firm, LLC does not represent you nor has Metzger Law Firm, LLC entered into an attorney-client relationship with you.