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

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 … Read More

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

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 … Read More

How An Order For Protection Impacts A Divorce

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 … Read More

Consequences For Violating An Order For Protection In Minnesota

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, … Read More

Relief Available Under The Minnesota Domestic Abuse Act

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 … Read More