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. Our firm has extensive experience representing both parties of Orders for Protections.
The Order for Protection will provide immediate relief. It will bar your spouse from having any contact with you and 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.
Because an Order for Protection can have lasting effects that bar a spouse from their home and/or children, it is vital that parties understand that it is not a tool to be abused or to gain unfair advantages, nor does it function as a “backdoor” divorce proceeding. Due to the potential for these types of actions to be abused within 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. No matter what the specifics of your situation may be, we are here to provide you with customized legal solutions to ensure that you obtain your desired outcome.