What you need to know about restraining orders in Minnesota.
Everyone is familiar with the basic idea of a restraining order. Yet despite this basic knowledge, it can be difficult for people involved in a family domestic incident to understand the exact nature of these court orders. In Minnesota, there are three orders a court can issue that prevents the person named from endangering the petitioner (the person asking for court protection):
Many people have no idea how to go about getting an OFP, HRO, or DANCO. Or how to contest one if a court has already issued such an order.
An OFP is used in situations in which there have been allegations of domestic abuse, as defined by Minnesota law. An OFP may prevent the respondent (alleged abuser) from:
In addition, the court may require spousal and child support from the respondent or require the respondent to attend treatment or counseling sessions.
Courts recognize that domestic abuse can endanger lives. As such, courts will often award “ex parte” orders for protection, meaning that the respondent is not at the hearing when the order is issued. However, in certain cases, such as if the petitioner is requesting child support or sole custody of minor children, a hearing is required. Temporary OFPs are meant to provide for the safety of family members in immediate danger from a domestic abuser.
An OFP is directed specifically towards domestic violence issues, while a DANCO is issued in criminal cases.
There does not need to be evidence that past abuse occurred. However, the petitioner should show that he or she is in a relationship with someone who has a “present intention to do harm or inflict fear of harm.”
Judges will largely err on the side of caution when deciding whether to issue a temporary OFP, so the evidence does not need to be overwhelming that there is a danger to the petitioner.
If you have more questions or need help obtaining or contesting an OFP, contact Coodin Law Office, LLC.
