Protecting Your Rights in Domestic Abuse Cases

Domestic abuse allegations carry serious legal consequences, especially in cases involving child custody, restraining orders, and criminal charges. Minnesota has established a legal framework for handling domestic abuse cases, but navigating the complexities of Orders for Protection (OFPs) and related proceedings requires experienced legal representation.

At Barna, Guzy & Steffen, our Minnesota domestic abuse lawyers are committed to protecting your rights, whether you are seeking protection from abuse or defending against false allegations.

Definition of Domestic Abuse in Minnesota

The Minnesota Domestic Abuse Act (Minn. Stat. § 518B) defines domestic abuse as specific acts committed against a family or household member, including:

  • Physical harm, bodily injury, or assault
  • Infliction of fear of imminent physical harm, bodily injury, or assault
  • Terroristic threats (threats of violence against another person)
  • Interference with a 911 call (preventing someone from calling emergency services)
  • Criminal sexual misconduct

Who Qualifies as a Family or Household Member?

  • Spouses and former spouses
  • Parents and children
  • Persons related by blood
  • Current or former cohabitants
  • Individuals who share a child
  • Partners expecting a child together
  • Individuals in a romantic or sexual relationship

Legal Protection for Domestic Abuse Victims

Under Minnesota law, domestic abuse victims have the right to seek legal protection through an Order for Protection (OFP). An OFP is a court-issued order that provides legal protection from an abuser. Relief granted under an OFP may include:

  • Restraining the abuser from committing further acts of domestic abuse
  • Prohibiting the abuser from entering the victim’s residence or workplace
  • Granting temporary custody of minor children or pets
  • Awarding temporary child support or spousal maintenance
  • Granting exclusive possession of a shared residence
  • Requiring the abuser to attend counseling or anger management programs

An OFP can last up to two years and may be extended if necessary.

Who Can File for an Order for Protection?

Any adult victim of domestic abuse can petition for an OFP. Additionally, family members or guardians may file on behalf of a minor child who has been abused. In some cases, a reputable adult over age 25 can petition on behalf of a minor victim.

The Order for Protection Process

Obtaining an OFP involves several key steps:

Step 1: Filing a Petition

The victim (or their attorney) files a Petition and Affidavit with the court, outlining allegations of domestic abuse and the requested protections.

Step 2: Temporary Order Review

The court reviews the petition and may issue a Temporary Order for Protection (Ex Parte OFP) without notifying the alleged abuser if immediate protection is needed.

Step 3: Service of Process

If a Temporary OFP is granted, law enforcement officers serve the order on the alleged abuser.

Step 4: Court Hearing

The alleged abuser may challenge the OFP in an evidentiary hearing, where:

  • The petitioner must prove that domestic abuse occurred.
  • The standard of proof is preponderance of the evidence (lower than criminal cases).
  • Both parties may present witnesses, testimony, and evidence.

Step 5: Final Order for Protection

If the court finds sufficient evidence, it will issue a Final OFP, lasting up to two years or longer in extreme cases.

Criminal Penalties for Violating an OFP

Violating an Order for Protection is a criminal offense in Minnesota. Penalties include:

  • First offense: Misdemeanor (up to 90 days in jail and/or a $1,000 fine)
  • Second offense: Gross misdemeanor (up to one year in jail and/or a $3,000 fine)
  • Third or subsequent offense: Felony (up to five years in prison and/or a $10,000 fine)

If the violation involves physical harm or additional domestic violence, penalties can be more severe.

Defense Against False Allegations of Domestic Abuse

While domestic abuse allegations are serious, false accusations do occur, often in divorce or child custody disputes. False accusations can result in:

  • Loss of custody or parenting time
  • Damage to reputation and employment
  • Criminal charges and possible jail time

If you are falsely accused, an experienced Minnesota domestic abuse lawyer can:

  • Challenge false allegations in court
  • Gather evidence and witness testimony to refute false claims
  • Ensure that your due process rights are upheld
  • Fight against wrongful Orders for Protection

How a Minnesota Domestic Abuse Lawyer Can Help

Whether you are seeking protection or defending against allegations, our attorneys can provide vital legal representation. Our services include:

  • Filing or contesting Orders for Protection
  • Representing clients in domestic abuse-related custody disputes
  • Assisting with modifications or extensions of OFPs
  • Defending against criminal charges related to domestic violence

Frequently Asked Questions (FAQ)

1. How long does an Order for Protection last?
An OFP can last up to two years and may be extended if the court finds continued risk of harm.

2. Can an Order for Protection be removed?
Yes. Either party can petition the court to modify or dismiss an OFP, but valid reasons must be provided.

3. What happens if someone violates an OFP?
Violating an OFP is a criminal offense and can result in jail time, fines, and additional charges.

4. Can domestic abuse allegations affect child custody?
Yes. A history of domestic abuse can significantly impact custody and parenting time decisions.

5. What should I do if I’m falsely accused of domestic abuse?
Seek legal representation immediately. Our attorneys can challenge false allegations and protect your rights.

Contact Our Minnesota Domestic Abuse Lawyers

Domestic abuse cases require skilled legal representation. At Barna, Guzy & Steffen, Ltd., we understand the complexities of domestic abuse law and will fight to ensure that your rights are protected.

Call us today at (763) 783-5146 for a confidential consultation to discuss your case.