Abuse takes many forms.  It can have long lasting effects on family members.  And it can disrupt daily living. It is important to contact a Minneapolis Domestic Abuse Attorney as soon as possible. In Minnesota, domestic abuse is defined as any of the following, if committed against a family or household member:

1.         Physical harm, bodily injury, or assault;

2.         The infliction of fear of imminent physical harm, bodily injury, or assault;                             or

3.         Terroristic threats, criminal sexual conduct, or interference with a 911 call.

The phrase “family or household member” includes spouses and former spouses, parents and children, persons related by blood, persons residing together or who have resided together in the past, persons who have a child in common, a man and woman (if the woman is pregnant by the man), and persons involved in a significant romantic or sexual relationship.  Under Minnesota law, anyone who is the victim of domestic abuse may petition for an “Order for Protection.”

An Order for Protection is a type of restraining order that requires an abuser to stay away from a victim.  It keeps an abuser from going to the victim’s house (even if they previously resided together) and workplace.  Because Orders for Protection seek to prevent contact between the parties, they can also have the effect of limiting an abuser’s access to his or her children.  If an Order for Protection is violated, the abuser faces mandatory jail time and hefty fines.

In order to get an Order for Protection, a victim must go to the courthouse and fill-out a series of forms – the documents are provided by court personnel – to describe the alleged incidents of abuse.  Once completed, court staff take the documents to a judge (who usually reviews them the same day) who makes an initial determination regarding whether domestic abuse has occurred.  If the judge is convinced that domestic abuse has occurred, then an Order for Protection is issued.  A hearing may be scheduled for a later date, if the abuser wishes to contest the truthfulness of the allegations.

If you are a victim of domestic abuse, an Order for Protection can get you help very quickly.  But, it is important to speak to a Minnesota domestic abuse attorney about the facts of your case to determine whether an Order for Protection is the best option for you.  Sometimes, if the allegations of abuse are less serious, there are other options available to you.  The attorneys at Gadtke & Beyer, LLC can help you determine what is the best plan of action for your case.

If you are facing an Order for Protection and believe that your rights have been compromised, then it is important to seek legal counsel immediately.  If the alleged abuser disputes the allegations in the petition and affidavit, an evidentiary hearing is usually held within two weeks.  Following the hearing, the Court will either grant or dismiss the petition, based on whether it believes that domestic abuse has occurred.

Contact our Minnesota Domestic Abuse Lawyers

Regardless of whether you are a victim of abuse or accused of abuse, it is important that you understand the implications surrounding an Order for Protection.  You need experienced representation in your corner.  We can help.  Stop by our office, located at 6600 France Avenue South, Suite 680, Edina, Minnesota, or call us at 952-345-8004, or fill out a contact form on the side of this page.

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Have questions? Feel free to contact Gadtke & Beyer, LLC today. We offer free consultations to all potential clients - call today at 952-345-8004.