When are orders for protection implemented?
Burnsville, MN family law attorney John Burns talks about when orders for protection are implemented.
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Domestic abuse triggers the need for an order for protection, and, so, if there is an injury or a fear of an injury, that would serve as the basis of pursuing that type of an action. A client, sometimes with the assistance of their lawyer, would go down and fill out the petition, and if the court finds that you’ve made out a case, you would get an ex parte – one party – order. The court would then set it for a hearing for the other party to respond. Sometimes these involve children if we’re concerned about the safety of the children. Now, I’ve had instances where this process has been abused – where someone has tried to use it to get a leg up on the divorce, and in that case we’ve defended against the order for protection to prevent any sort of unfair advantage, but there are certainly opportunities where the need for an order for protection exists and it is appropriate. That’s a balancing act that we’re always trying to do. I always say to my clients, “We need to keep you safe and if it involves reaching out and getting an order for protection, then that’s a step that we will take.”