Orders For Protection in Minnesota
Things to Know About Orders for Protection in Minnesota
A person who is the victim of domestic abuse can apply for an order for protection. You must prove by a preponderance of the evidence that you are a victim of domestic abuse by a family or household member.
A family or household member is defined as spouses and former spouses; parents and children; persons related by blood; persons who are presently residing together or who have resided together in the past; persons who have a child in common regardless of whether they have been married or have lived together at any time; a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; or persons involved in a significant romantic or sexual relationship.
Domestic abuse is defined as: physical harm, bodily injury, or assault; the infliction of fear of imminent physical harm, bodily injury, or assault; or terrorist threats, within the meaning of section 609.713, subdivision 1; criminal sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or 609.3451; or interference with an emergency call within the meaning of section 609.78, subdivision 2.
A court can issue an Emergency Order for Protection without a hearing if the court schedules a hearing with notice within 14 days of the issuance of an Order for Protection.
An Order for Protection can last up to two years or longer if the court deems it appropriate under the circumstances and it can be extended upon application by the Petitioner.
There is not a filing fee for any parties to an Order for Protection.
The court can order a no-contact order, and award the Petitioner temporary custody of a residence; temporary custody of children, order supervised parenting time; child support; spousal maintenance; temporary possession of personal property; order counseling for a Respondent; and other relief to a Petitioner.
A respondent may not possess a firearm while an order for protection is in place. It is a state and federal crime to possess a firearm during the term of an Order for Protection.
It is a crime to violate an Order for Protection. Multiple convictions for violating an Order for Protection will result in increased penalties including being charged with a felony. Any testimony by a Respondent in an Order for Protection hearing cannot be used as evidence in a criminal case.\
An Order for Protection case can be settled like any other civil case. Many times, the Order for Protection is not the best way to approach discord in a family relationship.
Many times, an Order for Protection matter can be complicated when a family members calls the police, and in that case, a Respondent will usually be arrested for 5th Degree Domestic Assault even if there is not any credible evidence that an assault has occurred.
IF YOU ARE BRINGING AN ORDER FOR PROTECTION:
Hire an experienced attorney.
Be prepared to prove your case with evidence.
All witnesses must be present to testify.
Facts win and lose cases. Evidence about background information is usually necessary to win an Order for Protection Trial.
IF YOU ARE RESPONDING TO AN ORDER FOR PROTECTION:
Hire an experienced attorney.
Be prepared to defend yourself with evidence.
All witnesses must be present to testify.
Do not give the police any information except your name, address, and date of birth under any circumstances. Talking to the police will not help you in any way. Be aware the police can lie to you and tell you that if you talk to them, they will not charge you with a crime.
Facts win and lose cases. Evidence about background information is usually necessary to win an Order for Protection Trial.
