There are some cases in which an order for protection is needed. If a person within your home is abusing you and/or your children or threatening abuse, the best course of action is to obtain an order for protection to protect yourself and the members of your household. The abuser is then unable to come to the home or to your place of employment. These orders are typically granted when a person and/or their children have been victims of domestic violence. If you are in a position in which obtaining a protection order will keep you safe, your Champlin family law attorney can help you acquire that order. If you need to defend against one, that is an area we can assist with as well.
What Defines Domestic Abuse?
To obtain an order for protection, the domestic abuse must meet the criteria outlined by Minnesota law. Domestic abuse is defined as:
- Physical abuse
- Mental abuse
- Verbal abuse
- Intimidation and threates
The abuser can be a spouse or former spouse, a person who used to live with you in the past, your child’s parent despite the fact the two of you may have never been married, or a person you had a sexual relationship with in the past. The abuser can also be any blood relative. If there is not a significant relationship with the person who has assaulted you or threatened to assault you, the correct protection to seek is a harassment restraining order.
Protection Order Length And Violation
The order for protection goes into effect immediately. In most cases, the order can be obtained the same day the paperwork is filed. The moment the other party is served, it goes into effect. If that person knowingly violates the protection order after they have been notified of it, he or she will be arrested and will face criminal charges. They will most likely go straight to jail.
The order can stay in effect for up to two years, but the party who obtained the order is able to petition the court for an extension when the expiration date is approaching. Your Camplin divorce lawyer can help you file this extension.
Protection Order Abuse
Unfortunately, there are cases when one party will obtain a protection order against the other in order to keep them away. In other words, the domestic abuse never occurred. The order may be issued immediately, but a hearing must be held later to determine whether or not it remains. This is the hearing in which the individual who sought the order must prove that abuse or threat of abuse has occurred. In cases where the order was obtained under false pretenses, the order may be terminated.
Contact A Champlin Divorce Lawyer
If you need to obtain a protection order or you need to defend against one, the Burns Law Office can help you. You should not have to fear for your safety or the safety of your family. Sometimes, issues such as divorce can cause emotions to run high, especially if there is a past history of domestic violence issues. To take the first steps toward protecting yourself and your family, call us immediately at (952) 898-6834 or fill out our contact form so that we can take the necessary steps to have a protection order put in place as soon as possible.