JOHNSON LAW FIRM,P.A.  

Minnesota statute section 518B.01 is known as the "Domestic Abuse Act" and sets forth the many detailed provisions required in obtaining and applying for a restraining order known as an Order for Protection.  You should consult with your own attorney to discuss the specific details of your situation to determine the correct course of legal action, and this article provides a brief description of some of the more commonly asked questions regarding Orders for Protection.

If you are the victim of domestic abuse as legally defined by the statute, and you are in fear of immediate harm, applying for an Order for Protection is as simple as going to the courthouse clerk's window and asking for the forms to fill out and return to them.  The clerk will bring your written application for a restraining order to the judge for you and call you back to let you know whether or not it was granted.   If granted, the Sheriff Department will personally serve a copy of the restraining order on the Respondent for you for no charge.  There is no court filing fee required to apply for an Order for Protection.  You can also call the Advocates for Family Peace and a volunteer domestic abuse advocate can also assist you in the application process.  The mentioned options are available if you are in immediate need of protection.  If time allows, I always advise seeking professional legal advice from an attorney before proceeding in any court action.

If the Respondent has made verbal threats to harm you,  and inflicted upon you and you have the fear of imminent physical harm,  that is sufficient grounds to obtain an order for protection in the absence of actual physical contact.  Your written affidavit in application for your restraining order should specifically describe the approximate dates (month and year, starting with the most recent) for each incident that occurred which you are claiming constitutes domestic abuse against you.   Explain how you are in fear of harm, and be detailed with what the other party did and or said.  You should mention you are in fear of harm and why.

There are several different available options for relief that you can ask that the Court include if it grants your Order for Protection, noting that if you request certain available forms of relief, the court may require a hearing, others, the court can grant you exparte without the need for a hearing.  The types of relief the court can grant in an order for protection are listed in Minnesota Statute Section 518B.01, Subd. 6, and include the following:  1) Restrain abuser from having any contact with you and  from committing domestic abuse on you 2) Exclude the abuser from the dwelling that you share or from your residence 3) Restrain abuser from coming within a reasonable distant from your home or place of employment 4) Award temporary custody of children and deny visitation or set terms and conditions of any restricted or other visitation with children 5) Order child support or maintence (requires a hearing) 6) order the abuser to go to domestic abuse counseling or chemical dependency treatment or obtain an evaluation (requires a hearing) 7)  If you are married, the court can order that all existing insurances be maintained and prohibit the dissipating of property 8) grant temporary custody of a pet and protect the pet from the abuser.

Orders for protection may initially be granted for a period up to two years.   An order for protection is a separate court action from a dissolution of marriage, and a copy of any Order for Protection in effect is to be filed with and made a part of any divorce action which may also be  proceeding at the same time. 

If you are granted an order for protection, a copy of given of that order by the court directly to law enforcement for them to have on file.  Should the abuser violate your order for protection (example, make contact with you and the order prohibits him or her from doing so) call 911 immediately and report it to police.  Violation of an order for protection is a crime and the violator subject to being arrested and jailed until seen by a judge. 

Domestic abuse is an offense which is to be taken seriously.  To discuss your specific case with our attorney, call us to make a consultation at 218-741-8517 or fill out our online form and we will contact you.

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