What is the process for obtaining an order for protection?
Burnsville, MN Family Law Attorney, Merlyn Meinerts talks about how one can pursue an order for protection.
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Phone: (952) 736-1843
An order for protection exists under Minnesota statute to provide the protected party with relief in the event of domestic abuse, which can be defined briefly as physical harm or an imminent threat of physical harm. Those parties who are a victim in that type of circumstance can appear to the court administrator at the local courthouse, have assistance filling out a petition for an order for protection on what’s called an ex parte basis. That party can appeal to the court for an award of an order for protection without the other party being notified or having that knowledge of that application being made.
If the ex parte order is issued, then the responsive party has the right to have a hearing, an evidentiary hearing before a judge to determine whether or not there’s sufficient evidence to support the finding of domestic abuse. And, of course, the OFP can oftentimes then be intertwined with the divorce. Sometimes an OFP is a precursor to an upcoming divorce. Sometimes during the middle of a divorce an OFP can be undertaken. So it is very much related to family law in general.