New Developments in the Law Governing Orders for Protection

Written By: Gadtke & Beyer, LLC | Published On: 22nd January 2010 | Category: Domestic Violence | RSS Feed

Beginning July 1, 2008, the Minnesota Legislature extended the amount of time an Order for Protection (“OFP”) remains in effect between the parties. See Minnesota Statutes Section 518B.01, subd. 6(b) (2008). The new law increases the length of OFPs from one year to two years. Id.

More significantly, the new law also increases the amount of time a subsequent or extended OFP can remain in effect. In other words, if a victim asks the court to extend an existing OFP (or renew an expired OFP), the judge may, under certain circumstances, grant the victim an OFP lasting up to 50 years! Minnesota Statutes Section 518B.01, subd. 6a(b) (2008).

The law also prohibits respondents / defendants from asking the Court to later modify or dismiss the extended OFP until at least 5 years have passed since the date of issuance. Minnesota Statutes Section 518B.01, subd. 11(b) (2008). If a respondent / defendant requests a modification and the modification is denied, he/she must wait another five years before seeking an another modification. Id.

by Robert W. Gadtke

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