Edina, MN Family Law Attorney, Jane Van Valkenburg talks about how to obtain an order for protection.
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An order for protection is obtained with a petition and an affidavit. And the affidavit sets out either there’s been physical harm, there’s a threat of physical harm, or there’s an imminent fear of physical harm. And an imminent fear of physical harm is either there’s been physical harm in the past or there’s been significant threat and the person believes that it’s going to escalate up to physical harm. And there’s an affidavit that’s put together and then it’s presented to the judge. And the judge then makes a determination as to whether a temporary order should be put in place.
Every county then serves on the person who should receive the temporary order. Some counties that stands as a permanent order and some counties say, “You’ve gotta come in and that person can ask for a hearing.” At the hearing they’re either gonna agree to the issuance of the order, they’re gonna ask for a hearing on the order, or they can agree to the issuance of the order and not agree to the underlying facts. So that’s how an order for protection goes.