An Order for Protection is generally issued when the individual and/or their legal minor dependent have been victims of domestic violence or abuse.
It is important to understand that “domestic abuse” can take various forms, including physical, verbal, and mental abuse or threats and intimidation. Also, the abuser can act in person or use phone calls, emails, or social media to mistreat the victim.
Whether you have been served with an Order for Protection or being a victim of domestic violence or abuse, you need to seek legal advice from an experienced attorney ready to help you with your case.
When is it time to file an Order for Protection?
There is a wide range of reasons you could file or be served with an Order for Protection. The Minnesota Statute 518B.01 defines “domestic abuse” as:
- Physical harm, bodily injury, or assault.
- The infliction of fear of imminent physical harm, bodily injury, or assault.
- Terroristic threats, criminal sexual conduct, sexual extortion, or interference with an emergency call to 911.
To classify as “domestic abuse,” the act needs to be committed against a family or household member by a family or household member. The 518B.01 defines “family or household members” as:
- Spouses and former spouses.
- Parents and children.
- Persons related by blood.
- Persons who are presently residing together or who have resided together in the past.
- Persons who have a child in common regardless of whether they have been married or have lived together at any time.
- A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time.
- Persons involved in a significant romantic or sexual relationship.
How to Obtain an Order for Protection in Minnesota?
There are two different types of Order for Protection:
- Ex Part Order for Protection
In this case, the Order for Protection is issued immediately if there is an immediate and present danger of domestic abuse. It is granted without hearing the abuser’s side of the history.
- Full Order for Protection
In this case, the Full Order for Protection may be issued during a court hearing, and both sides have the opportunity to tell their side of the story.
An individual served with an Order for Protection may face several consequences short and long-term, including:
- Be forced to stay away from the alleged victim and any minor children.
- Be removed from and stay away from the home where you both live and the place where you are currently living.
- Be ordered to stay away from the alleged victim’s place of work.
- Be ordered not to contact the alleged victim by phone, email, mail, or any other electronic device or through another person.
- Lose the custody of their children.
- Face counseling and treatment.
- Lose their house and other possessions.
In most cases, an Order for Protection will last two years. However, restraining orders can take up to 50 years.
Aggressive Minneapolis Criminal Defense Attorney
The experienced team at the Law Office of Judith Samson is ready to help anyone in need of legal assistance and criminal defense in charges related to Domestic abuse and Order for Protection in Minnesota.
With over 20 years of experience, Judith Samson and her team work tirelessly to provide a welcoming and trustworthy environment while preparing the defense case for her clients, always providing honest and straightforward options with realistic outcomes.
Call (612) 333-8001, email us at [email protected] or complete the online form. Our phones are available 24 hours a day, 7 days a week. Judith Samson represents people throughout the State of Minnesota and can meet you anywhere, anytime.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
