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DOMESTIC ABUSE
Order for Protections in Minnesota
Orders For Protection
In Minnesota, the “Domestic Abuse” statute (Minn. Stat. § 518B.01) is somewhat limited in its application. There are two parts of the statute that must be met in order to have a judge grant an Order for Protection.
First, the abuse must have been committed by a family or household member against a family or household member. A “family or household member” means a spouse or former spouse, parent or child, someone related by blood, people who are living together or have live together in the past, if they have a child together, or someone who is involved in a significant romantic or sexual relationship.
What constitutes domestic abuse is also specific. Domestic abuse includes (1) physical harm, bodily injury, or assault; (2) infliction of fear of imminent physical harm, bodily injury or assault; (3) terroristic threats; (4) criminal sexual conduct; or (5) interference with an emergency call. Notably absent from this definition is emotional abuse and stalking.
The purpose of an Order for Protection is to prevent an individual that has caused domestic violence from having any contact (or limited contact) with the abused individual. In most cases, the Order for Protection defines an area for which the abuser must stay away from the person abused. In limited situations, where the parties share children, the court may allow limited contact between the parties by phone, text, or email to discuss issues relating to the parties’ children.
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Filing the Order for Protection
Which County Should The Order for Protection Be Filed?
In order to file a Petition for an Order for Protection, The petitioner may apply for an OFP in the court:
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in the county where the petitioner lives;
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in the county where the respondent lives;
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in the county where the domestic abuse occurred;
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in any county where there is a pending or completed family court case involving the petitioner and the respondent or their minor children, such as a divorce or a child custody case; or
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in the court with jurisdiction over divorce actions
Uncontested Divorce
An uncontested divorce is where the parties agree to many, if not all, of the basic terms of the divorce. An uncontested divorce can make for less hostility and less time in court, especially if the divorce is handled by a law firm experienced in handling uncontested divorces.
Uncontested divorces typically only take a few months to conclude—sometimes uncontested divorces can be completed quicker (our firm have been able to complete an uncontested divorce in as little as two weeks). Uncontested divorces are encouraged by the court as couples many times—especially when children are involved—must continue to work together even after the divorce is completed.
Even in an uncontested divorce, it is highly encouraged to obtain experienced legal representation as there are many terms contained in a divorce settlement that must be worked out individually and that can have significant implications even after your divorce is completed.
We have implemented a proven process to efficiently and effectively assist our clients to reach an uncontested divorce agreement acceptable to the court while protecting our clients' legal rights.
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