Order for Protection Attorneys in Minnesota
If you have been abused or harassed, you may wish to consider an Order for Protection. When an Order for Protection is granted, an abuser must stop abusing you. This also might mean that the individual is no longer allowed to communicate with you, or visit your home, or place of work.
Podcast: Protective Orders (Domestic Abuse & Harassment)
An Order for Protection is generally issued when an individual, or his/her children, have been the victims of domestic violence or abuse. Whether you need to obtain an Order for Protection, or defend against one, our Order for Protection lawyers in Minnesota can help with your case.
The Granting Of An Order
An Order for Protection in Minnesota can only be issued in cases where an individual has a “significant” relationship with the abuser. Before a protective order can be granted, there must be substantial evidence that abuse has taken place. In the case of an Order for Protection, the courts turn to Minnesota state law to define domestic abuse.
“Domestic abuse” can take a variety of forms. This includes physical abuse, verbal abuse, mental abuse, or threats and intimidation. The abuse does not have to be administered in person. An abuser may be using phone calls, emails, or social media in order to mistreat the victim.
Abuse that qualifies for an Order for Protection in Minnesota can come from a variety of people, including:
- A spouse or former spouse;
- A cohabitant or someone you cohabited with in the past;
- The parent of your child, even if you have never been married;
- A person with whom you were involved romantically or sexually; or
- A blood relative.
If someone is abusing you but does not have a significant relationship with you, then you will need to pursue a Harassment Restraining Order.
Scope Of Protection
An Order for Protection in Minnesota can last up to two years, and the protected individual can petition for an extension before the original order expires. However, an Order for Protection by itself does not guarantee complete protection. The order does not physically keep someone away from you, but it does help to increase the chance that you will remain safe from the abuser. When someone violates an Order for Protection, that individual will face criminal charges and could even go to jail.