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Minnesota Domestic Abuse Attorneys & Lawyers Order for Protection

It's no secret that domestic abuse is prevalent in our society. However, there are legal remedies available. The procedures discussed below are often the first step in the divorce process. The manner in which the abuse is pursued often sets the tone for future litigation.

Domestic Abuse Defined

Minnesota statutes define "domestic abuse" as:

• Physical harm or fear of harm inflicted by a family member; or
• Criminal sexual conduct committed by a family member.

Orders for Protection

Should an act of domestic abuse occur, the victim may seek relief under the Minnesota Domestic Abuse Act and obtain an Order for Protection (OFP). A petition may be made on behalf of a minor by a guardian or other reputable adult over the age of 25. If there is a threat of immediate and present danger of domestic abuse, a court will grant a temporary order for protection.

Once a temporary order is granted, a full hearing on the petition for the order of protection takes place. The alleged abuser is entitled to an evidentiary hearing to prove that acts of domestic abuse did not occur.

Violation of an Order for Protection

Violation of the OFP is a misdemeanor, punishable by imprisonment for up to 90 days, a fine up to $1,000, or both. Police officers may arrest offenders and take them into custody. The violation also constitutes contempt of court. Repeated violations can result in a felony conviction with long-term imprisonment and a fine of up to $10,000.