Minnesota Statutes

Minn. Stat. § 518.131 (2026)

Temporary Orders And Restraining Orders

✓ current as of May 2026

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Subdivision 1.Permissible orders.

In a proceeding brought for custody, dissolution, or legal separation, or for disposition of property, maintenance, or child support following the dissolution of a marriage, either party may, by motion, request from the court and the court may grant a temporary order pending the final disposition of the proceeding to or for:

(a) Temporary custody and parenting time regarding the minor children of the parties. In addition to the requirements under section 518.17, subdivision 1, the court must consider the child's parenting time with each parent before the pending action commenced. If the child's access to a parent was limited or restricted before the action commenced, the court must determine the child's custody and parenting time in a manner that supports the child's opportunity to develop a relationship with both parents in accordance with sections 518.17 and 518.175;

(b) Temporary maintenance of either spouse;

(d) Temporary costs and reasonable attorney fees;

(e) Award the temporary use and possession, exclusive or otherwise, of the family home, furniture, household goods, automobiles, and other property of the parties;

(f) Restrain one or both parties from transferring, encumbering, concealing, or disposing of property except in the usual course of business or for the necessities of life, and to account to the court for all such transfers, encumbrances, dispositions, and expenditures made after the order is served or communicated to the party restrained in open court;

(g) Restrain one or both parties from harassing, vilifying, mistreating, molesting, disturbing the peace, or restraining the liberty of the other party or the children of the parties;

(h) Restrain one or both parties from removing any minor child of the parties from the jurisdiction of the court;

(i) Exclude a party from the family home of the parties or from the home of the other party; and

(j) Require one or both of the parties to perform or to not perform such additional acts as will facilitate the just and speedy disposition of the proceeding, or will protect the parties or their children from physical or emotional harm.

Subd. 2.Impermissible orders.

No temporary order shall:

(a) Deny parenting time to a parent unless the court finds that the parenting time is likely to cause physical or emotional harm to the child;

(b) Exclude a party from the family home of the parties unless the court finds that physical or emotional harm to one of the parties or to the children of the parties is likely to result, or that the exclusion is reasonable in the circumstances; or

(c) Vacate or modify an order granted under section 518B.01, subdivision 6, paragraph (a), clause (1), restraining an abusing party from committing acts of domestic abuse, except that the court may hear a motion for modification of an order for protection concurrently with a proceeding for dissolution of marriage upon notice of motion and motion. The notice required by court rule shall not be waived. If the proceedings are consolidated and the motion to modify is granted, a separate order for modification of an order for protection shall be issued.

Subd. 3.Ex parte restraining order; limitations.

A party may request and the court may make an ex parte restraining order which may include any matter that may be included in a temporary order except:

(a) A restraining order may not exclude either party from the family home of the parties except upon a finding by the court of immediate danger of physical harm to the other party or the children of either party; and

(b) A restraining order may not deny parenting time to either party or grant custody of the minor children to either party except upon a finding by the court of immediate danger of physical harm to the minor children of the parties.

Subd. 4.Hearing on restraining order; duration.

Restraining orders shall be personally served upon the party to be restrained and shall be accompanied with a notice of the time and place of hearing for disposition of the matters contained in the restraining order at a hearing for a temporary order. When a restraining order has been issued, a hearing on the temporary order shall be held at the earliest practicable date. The restrained party may upon written notice to the other party advance the hearing date to a time earlier than that noticed by the other party. The restraining order shall continue in full force and effect only until the hearing time noticed, unless the court, for good cause and upon notice extends the time for hearing.

Subd. 5.Duration of temporary order.

A temporary order shall continue in full force and effect until the earlier of its amendment or vacation, dismissal of the main action or entry of a final decree of dissolution or legal separation.

Subd. 6.Effect of dismissal of main action.

If a proceeding for dissolution or legal separation is dismissed, a temporary custody order is vacated unless one of the parties or the child's custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parties and the best interests of the child require that a custody order be issued.

Subd. 7.Guiding factors.

The court shall be guided by the factors set forth in chapter 518A (concerning child support), and sections 518.552 (concerning maintenance), 518.17 to 518.175 (concerning custody and parenting time), and 518.14 (concerning costs and attorney fees) in making temporary orders and restraining orders.

Subd. 8.Basis for order.

Temporary orders shall be made solely on the basis of affidavits and argument of counsel except upon demand by either party in a motion or responsive motion made within the time limit for making and filing a responsive motion that the matter be heard on oral testimony before the court, or if the court in its discretion orders the taking of oral testimony.

Subd. 9.Prejudicial effect; revocation; modification.

A temporary order or restraining order:

(a) Shall not prejudice the rights of the parties or the child which are to be adjudicated at subsequent hearings in the proceeding; and

(b) May be revoked or modified by the court before the final disposition of the proceeding upon the same grounds and subject to the same requirements as the initial granting of the order.

Subd. 10.Misdemeanor.

In addition to being punishable by contempt, a violation of a provision of a temporary order or restraining order granting the relief authorized in subdivision 1, clause (g), (h), or (i), is a misdemeanor.

Subd. 11.Cases given priority for temporary relief.

(a) While the proceeding is pending, the court must give priority to scheduling and holding an expedited hearing for temporary relief when a party credibly alleges that:

(1) the party has been denied parenting time with a child for 14 consecutive days or more; or

(2) the party has been unreasonably denied access to necessary financial resources or support during a pending marital dissolution.

(b) A court must hold a priority hearing under this subdivision within 30 days of the party's request.

(c) A court must consider credible allegations of domestic abuse, substance abuse, maltreatment findings, or neglect as a reasonable basis for a party who has denied parenting time to the other party.

(d) If temporary parenting time is ordered, the court may also order temporary child support if requested by the other party.

Notes of Decisions

Cited in 51 cases (3 in the last 5 years), 1984–2026 · leading case: In re the Matter of: Jill Marie Newstrand v. Jamison Robert Arend, 869 N.W.2d 681 (Minn. Ct. App. 2015).

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In re the Matter of: Jill Marie Newstrand v. Jamison Robert Arend, 869 N.W.2d 681 (Minn. Ct. App. 2015). · cites it 14× “§ 518.131, subd. 1, violated his constitutional freedom of conscience and that the court made inaccurate and insufficient best-interest findings under Minn.”

Burkstrand v. Burkstrand, 632 N.W.2d 206 (Minn. 2001). · cites it 4× “1999); Marital Dissolution Act, Minn. Stat. § 518.131 (1998).”

Butt v. Schmidt, 747 N.W.2d 566 (Minn. 2008). · cites it 8× “” Temporary child support orders can be modified in the same manner as permanent support orders, see Minn.”

LaChapelle v. Mitten, 607 N.W.2d 151 (Minn. Ct. App. 2000). · cites it 7× “Minn.Stat. § 518.131 (1998) allows the court, in a custody proceeding, to grant temporary custody to one parent pending the final disposition of the proceeding.”

Marriage of Korf v. Korf, 553 N.W.2d 706 (Minn. Ct. App. 1996). · cites it 12× “” Minn. Stat. § 518.131 , subd. 9(a). Appellant did not so move.”

Marriage of Passolt v. Passolt, 804 N.W.2d 18 (Minn. Ct. App. 2011). · cites it 4× “” While the trial court might well take into consideration the receipt of maintenance for two years prior to dissolution when establishing the total number of years maintenance will be paid, we are unaware of any authority requiring that a traditional homemaker/part-time…”

In Re the Marriage of Schmidt, 436 N.W.2d 99 (Minn. 1989). · cites it 4× “05 (1988); Minn.Stat. § 518.131, subds. 1 and 3(b) (1988).”

Baker v. Baker, 494 N.W.2d 282 (Minn. 1992). · cites it 4× “Accordingly, the court held that custody and visitation determinations in an ex parte order for protection are governed by Minn. Stat. § 518.131 , subd. 3(b), which requires a finding by the court of “immediate danger of physical harm to the minor [child].”

Ramirez v. Ramirez, 630 N.W.2d 463 (Minn. Ct. App. 2001). · cites it 8× “Although respondents’ motion for an ex parte temporary-custody order did not refer to any statutory authority, on appeal they contend that they sought ex parte relief “as allowed under Minn.Stat. § 518.131, subd. 3(b).” Under section 518.”

Baker v. Baker, 481 N.W.2d 871 (Minn. Ct. App. 1992). · cites it 12× “Comments of the Family Court Rules Advisory Committee state that Minn.Stat. § 518.131 (1990) controls ex parte temporary restraining orders.”

Marriage of Jensen v. Jensen, 440 N.W.2d 152 (Minn. Ct. App. 1989). · cites it 8× “Minn.Stat. § 518.131, subd. 5 (1984); see also Minn.”

Marriage of Hill v. Hill, 356 N.W.2d 49 (Minn. Ct. App. 1984). · cites it 4× “Under Minn.Stat. § 518.131 (1982), a court may award “temporary child support for the children of the parties” and any temporary order “may be revoked or modified by the court before the final disposition of the proceeding upon the same grounds and subject to the same…”

Show all 51 citing cases →

— Minn. Stat. § 518.131(2000) — 1 case

Ramirez v. Ramirez, 630 N.W.2d 463 (Minn. Ct. App. 2001). “Although respondents’ motion for an ex parte temporary-custody order did not refer to any statutory authority, on appeal they contend that they sought ex parte relief “as allowed under Minn.Stat. § 518.131, subd. 3(b).” Under section 518.”

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