Committed Domestic Abuse Lawyer Assists Rosemount Families
Breaking the Cycle
Unfortunately, domestic abuse is rarely a one-time incident. In many cases, an abuser has a history of mental, emotional and/or physical abuse. Sadly, many victims are too fearful to do anything to stop the abuser, nor do they understand that the abuse is part of a vicious, continuous cycle.
Orders for Protection
If you are a victim of domestic abuse, there are remedies out there for you in the form of Orders for Protection. Obtaining an Order for Protection involves an applicant going to court and initiating the action without a court appearance. If the applicant describes specific acts that gave them fear of imminent harm, a judge may sign a protection order without a hearing.
The Order for Protection will provide immediate relief. It will bar your spouse from having any contact with you, or perhaps your children. The spouse who has been served with an Order for Protection may, at their discretion, request a hearing within seven days in order to contest the validity of the Order for Protection. During this evidentiary hearing, a judge will accept testimony from any witnesses and review all evidence presented by the parties in order to determine whether the Order for Protection should remain in place or be dismissed.
Effect of Order for Protection in Divorce Proceedings
Because an Order for Protection can have such far reaching effects as to bar a spouse from their home and/or children, it is vital that parties understand that it is not a tool to be abused and/or gain unfair advantages, nor does it function as a “backdoor” divorce proceeding. Due to the potential for these types of actions to be abused in the judicial system, Minnesota courts may at times be skeptical about issuing these sorts of orders when they are brought so close to a petition for divorce.