Order For Protection in Minnesota

I have been served with an order for protection, what should I do?

It can be nerve-wracking to learn that an order for protection has been issued against you. It is important that you consult an experienced attorney to help you with next steps, as you only have a short period of time to fight the order.

What is an order for protection?

An order for protection is a court order that is meant to protect a person from an alleged domestic abuser. Often the order states that the alleged abuser may not have any contact with the protected party, including verbal, phone, text message, or third-party communication. It can also prohibit a person from going to the protected party’s place of employment, residence, or other locations. The order could also force you to leave your home, force you to surrender your firearms, or make you attend counseling. If you are married and have children with the protected party, you could lose custody and parenting time of your children and be forced to pay temporary child support. Most often, an order for protection will be issued for 1-2 years.

How does someone get an order for protection?

A person may obtain an order for protection if any family or household member has committed domestic abuse against them. Family or household members include spouses and former spouses, parents and children, persons who have a common child, persons involved in a significant romantic relationship, or those who were in such relationships in the past. A roommate would even qualify! Domestic abuse encompasses a range of behaviors and actions, but any physical assault, threat of violence, criminal sexual conduct, and more could qualify.

How do I fight an order for protection?

In some situations, you must request a hearing within 5 days of being served with the paperwork. In other situations, a hearing will be set automatically. If you do not receive a hearing date with the paperwork, you must request a hearing, or you will automatically lose.

You must then attend the hearing and win. This may involve cross examining witnesses and presenting your own witnesses and evidence. The goal is to prevent the person seeking the order for protection from proving that you committed domestic abuse.

Are there any other options?

If you do not want to fight the order, you should still request a hearing. You will have the option to agree to an order for protection without the judge finding that you engaged in domestic abuse, or you may be able to settle the case in some other way without an order for protection.

What if an order for protection is issued against me?

If an order for protection is issued, there will be a public record of the order, which means that anyone in the public can learn about it. This could cause difficulties in being able to find employment or housing and may prevent you from possessing firearms. Additionally, if you violate the order for protection, you could be charged with a crime. A violation of an order for protection is an enhanceable crime, meaning each subsequent time you violate it, the penalty may be worse.

The attorneys at Sieben & Cotter have been successful in settling situations favorably for their clients where an order for protection has been issued.

If you have been served with an order for protection, act quickly, call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.