Podcast: Domestic Abuse & Harassment: Restraining Orders & Orders For Protection Under Minnesota Law

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The Family Law Show returns, with a summary of the issues involved in obtaining, or defending against, an Order for Protection or Harassment Restraining Order. The conduct giving rise to either Order may impact litigants in three types of cases: a civil case, a family case and a criminal case - often concurrently. Topics discussed in this podcast include Minnesota's Domestic Abuse Act, the impact an OFP or Restraining Order may have in family court, the standards and procedures involved in obtaining an Order for Protection, the standards and procedures involved in obtaining a Harassment Restraining Order and the criminal consequences that may stem from violating either type of « Continue »

What Steps Are Necessary To Secure An Order For Protection In Minnesota?

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Acts of domestic abuse that occur during a marriage can have a substantial impact on custody proceedings.  A finding of domestic abuse can prohibit parties from sharing joint physical custody of their children. Minnesota's Domestic Abuse Act is contained within Minnesota Statutes Section 518B. It defines domestic abuse as "physical harm, bodily injury, assault, or the infliction of imminent physical harm between family or household members" or "criminal sexual conduct" committed against the family or household member by an adult family or household member." The physical acts described above are relatively straightforward.  Difficulties arise, however, when threats of physical harm are « Continue »

How An Order For Protection Impacts A Divorce

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A host of implications follow the issuance of an Order for Protection in Minnesota when a marital dissolution action is pending or will be filed: Marriage dissolution petition. A petition for dissolution of marriage or legal separation must allege whether an OFP that governs the parties or a party and a minor child of the parties is in effect and, if so, the district court or similar jurisdiction in which it was entered. Custody disputes. In a proceeding where two or more parties seek custody of a child, the court must consider and evaluate all relevant factors in determining the best interests of the child. One of the relevant factors set forth in Minnesota law is the effect on the child « Continue »

Consequences For Violating An Order For Protection In Minnesota

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The violaton of an Order for Protection in Minnesota can yield a number of penalties for those who are found to have done so, including criminal penalties, civil contempt and firearm possession implications. Criminal penalties. Minnesota law provides misdemeanor, gross misdemeanor, and felony penalties for a violation of an OFP issued under the Domestic Abuse Act or under a similar law of another state, the District of Columbia, tribal lands, or U.S. territories. In addition, any violation of an OFP constitutes contempt of court and is subject to the penalties for contempt. A known violation of an OFP is a misdemeanor. The penalty is a gross misdemeanor if the person knowingly violates an « Continue »

Relief Available Under The Minnesota Domestic Abuse Act

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In a proceeding for an OFP under the Domestic Abuse Act, the court may provide the following relief, upon notice and hearing: Restrain the abusing party from committing acts of domestic abuse; Exclude the abusing party from the dwelling which the parties share or from the residence of the petitioner; Exclude the abusing party from a reasonable area surrounding the dwelling or residences; Award temporary custody or establish temporary visitation with regard to minor children of the parties on a basis which gives primary consideration to the safety of the victim and the children; Establish temporary support for minor children or a spouse and order the withholding of support from « Continue »

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