Order For Protection Attorney in Minneapolis
While unfortunate, occasionally you may run into situations in your life that present issues that are grounds for an order for protection (commonly confused with “restraining order”). When and if these situations arise, it’s not only important to work with a team of legal professionals who know how to get you the protection you need as soon as possible but also to understand what the grounds for an order of protection are in the first place.
This way, you can be sure that the protection you receive fully covers your need for safety for the duration of the order and that you know what to expect from the process itself in a legal sense.
What is an Order for Protection?
An order for protection is a court-ordered writ of protection obtained by an individual accusing someone of domestic abuse. The accused must stop harming the accuser, and this is enforced by keeping a specified amount of distance between both parties and/or limiting or prohibiting contact entirely. The details of an order for protection order vary from state to state, so it’s always wise to discuss your options with an experienced attorney before taking action.
When Do You Need to File an Order for Protection?
There is a wide range of reasons why you could – and should – file for an order for protection. Minnesota Statute 518B.01 defines “domestic abuse” as:
- Physical harm, bodily injury, or assault,
- Imminent fear of physical harm, bodily injury or assault, or
- Terroristic threats, a variety of criminal sexual conduct, or interference with a 911 call.
Unfortunately, Minnesota does not define domestic abuse based on mental or verbal abuse, or financial fraud. If you have encountered any of the issues as defined by 518B.01, in your domestic partnership, it may be grounds for applying for an order for protection. If you feel like your partner is a danger to you or your children, it’s best to reach out to an attorney as soon as possible.
Obtaining an Order for Protection in Minnesota
In order to obtain a restraining order, the accuser will need two things:
- Evidence that a domestic partnership exists between the accuser and the accused
- Evidence that domestic abuse has occurred
With these two pieces of evidence in hand, a judicial officer may determine whether or not it’s appropriate to issue an order of protection to the accuser. In some cases, if there is imminent and severe danger, the ruling body may opt to issue an Emergency Ex Parte Order of Protection. This takes effect more quickly and is simply a means of protection while the accuser applies for a permanent order for protection.
Contact SchindelSegal, PLLC Today for Quality Representation
If you think you have a situation on your hands that merits the issue of an order for protection, contact us at SchindelSegal, PLLC today and speak with one of our trained, knowledgeable attorneys. We’ll give you the representation you need to get your order as soon as possible to keep everyone as safe as possible.