While many efforts are being made to reduce the number of domestic violence cases in the state of Minnesota, there are new cases popping up every day. Some of the offenses that are committed result in bodily harm, while others involve the use of fear against family members.
Regardless of the type of domestic violence, something must be done to protect those families that have been threatened or actually injured at the hands of an abuser. In many cases, the perpetrator finds themselves behind bars, but jail doesn’t keep them there forever. Something has to be done to keep that person away and the Burns Law Office can help.
Orders For Protection
When in danger, we will take the necessary steps to protect you through an order for protection. How this works is you file an application with the court on what’s called an ex parte basis. This simply means you can initiate the order for protection without having to appear in court. If you are able to describe the incident that has caused you fear of harm or the party has actually harmed you, whether you prove that harm or not, a judge will sign the protection order without hearing the case.
This order for protection provides immediate protection from the person you need protected from. In many cases, this person is a spouse and the order will keep him or her from having any contact with you, your children, or anyone in your home until there is a hearing on the case. This hearing usually occurs within seven days and you will have your Savage family law attorney there to help you make your case as to why the protection order should continue to be in effect.
The reason why you need representation is because the burden of proving that the protection order should stay in place is yours. You can prove the domestic abuse allegations by providing the court with witnesses and evidence of abuse, if there is evidence. The accused also has the ability to defend him or herself through witness testimony and evidence. The judge then decides whether or not the protection should continue.
Protection Order Abuse in Divorce
Protecting orders contain a great of power because they are able to have allegedly harmful individuals removed from the home. The order also determines the temporary custody arrangement of the children. Unfortunately, it is for these reasons that the protection order process is abused in some cases. This is why a judge may appear to be skeptical about spousal abuse allegations, especially when a divorce is in process.
If you are the party that has been accused of domestic abuse when no such abuse has occurred, not only could such an allegation affect your divorce, but the custody of your children could be affected as well. The accusations may also affect your job and your right to own a firearm. Fortunately, your Savage divorce lawyer can help you defend yourself against such allegations. Nonetheless, such abuse of the system can lead to those legitimately needing orders for protection to lose them if something seems amiss.
Contact A Savage Divorce Lawyer
If you have been a victim of domestic abuse and you need to be protected, the Burns Law Office can help you. We can help you implement an order for protection so that the other party is unable to bother you without consequences. To discuss your options with a free initial consultation, contact us at 952-898-6831. You have rights and it is your right that they are protected. You also have options available to you that you should be informed about and we can help you with that.