What Are Protective Orders?
There are two civil protective orders available under Minnesota law. An order for protection (OFP) is an order that protects victims of domestic violence in close family relationships such spouses, parents and children, former significant others, roommates, and those who share a joint child. A Harassment Restraining Order (HRO) is an order that protects anyone who has been the victim of harassment.
Sometimes you are the person in need of a protective order. Sometimes you are the person an order is sought against. Either way, you should work with attorneys who are skilled and always ready to bring these types of cases to trial when necessary.
Messick Law, PLLC, has long been a go-to source for Minnesotans approaching divorce and those facing difficult challenges in family life with legal repercussions.
How Might An OFP Affect Custody Or Divorce?
An OFP is available to victims who have experienced the following:
- Physical assault against you or your children
- Fear of imminent physical assault against you or your children
- Threats of harm against you or your children
- Criminal sexual misconduct
- Interference after you placed an emergency call for help when your spouse or partner harmed or threatened you
An OFP can award temporary possession of a home and set temporary custody labels, child support and spousal support. If you are protected by an OFP, you are not required to participate in alternative dispute resolution during a custody or divorce case.
On the other side of the equation, you certainly need legal counsel right away if you have been accused of any of the offenses named above or if your spouse or partner has obtained an OFP that names you as the offender. The occurrence of domestic violence is a factor considered by the Court in determining custody and parenting time orders. If you fail to vigorously defend yourself legally speaking, child custody and other aspects of your divorce or custody matter may be negatively affected.
Seek Legal Advice Right Away
Regardless of which side of the story is yours in an OFP case, you must not let this go by without getting the best legal representation you can find. The long-term effects of domestic violence, terroristic threats or an OFP that targets you may be harsher than you imagine.
Even if you are convinced that domestic violence accusations and/or an OFP that targets you are not justified, we urge you to consult with an attorney right away. Reach us by calling 651-505-2655 or by sending an email inquiry.