In the event a spouse, member of a household, relative, or sexual partner has physically/sexually assaulted you or if you feel as though you are in imminent fear for your personal safety, you may petition the court for an Order for Protection to be entered.
Order for Protection in Minnesota
The Order for Protection is a no-contact order which frequently precludes the responding party from entering the residence and workplace of the protected person(s). The Order for Protection also may restrict communications of any king including in person, text, email, phone, etc.
Procedure for obtaining an Order for Protection
If a person is a victim of domestic abuse, they may file an affidavit and petition requesting the issuance of an Order for Protection. Courts will review Order for Protection petitions ex-parte, which means without providing notice to the party in which the Order for Protection is filed against. If the Court believes there is a basis for the Order for Protection, the Court will enter an Emergency Ex-Parte Order for Protection and schedule a hearing date within 14 days to address the issue. Law enforcement will personally serve the ex-parte order on the responding party.
Order for Protection hearing
At the Order for Protection hearing, the responding party is usually provided with three options, 1) admit to the allegations in the petition for an Order for Protection; 2) deny the allegations and proceed with an evidentiary hearing; or 3) allow the entry of an order for protection without the court making any findings of domestic abuse. Many responding parties choose to take the third option. Many others take the second option and a contested evidentiary hearing or trial on the issue of whether domestic abuse has occurred follows.
Filing or Responding to an Order for Protection
Whether you are initiating an Order for Protection proceeding or are the responding party, you should ensure that your rights are protected. Contact us regarding initiating or defending you in a Order for Protection proceeding or reach us at 612-564-3622.