Minneapolis Protective Order Attorney

Protective Orders as Relief in Minnesota Domestic Violence Cases

Minnesota has a process aimed at quickly providing relief to victims of domestic abuse. These victims may obtain, without notice to the other party, an ex parte Order for Protection. When signed by a judge, the Order will direct the county sheriff to immediately remove the alleged abuser from the home – usually with no warning and with only a few minutes to gather some personal belongings. 

The Order may also award temporary custody of any shared children to the alleged victim, pending a hearing. 

In some cases, a two-year Order for Protection may be granted unless a hearing is requested by the alleged abuser. If children are involved or a party has been excluded from a residence, an initial hearing within five days may be required. 

At the hearing, the alleged abuser may: 

• Admit the allegations
• Agree to the Order without admitting or denying the allegations
• Agree to the Order while denying the allegations
• Deny the allegations outright and request a full evidentiary hearing

Domestic Violence Evidentiary Hearings 

In an evidentiary hearing, both the alleged victim and abuser, with witnesses, may testify. This hearing must take place within 14 days unless the alleged abuser agrees to a time extension. 

In evidentiary hearings, the burden of proving the abuse rests on the alleged victim. She/he must establish either physical harm or that the alleged abuser made threats causing fear of imminent harm, bodily injury, or assault. 

In certain instances, this burden may be easy to establish – especially if physical evidence of an assault exists. More difficult to establish are cases where the alleged abuser threatened imminent harm. Such cases are determined by which party’s testimony is more credible. 

If the Court finds that domestic abuse has occurred, an Order for Protection is issued, valid for up to a year and occasionally longer. These Orders may provide economic relief as well as custody to victims along with other conditions applicable to the abuser.

Individuals who violate protective orders may be immediately arrested and jailed. Certain violations can result in a felony conviction, imprisonment of up to five years, a fine of up to $10,000, and loss of gun rights while the order is in force. 

Protective orders may be extended beyond their terms, by establishing any of the following: 

• A violation of the order during its term;
• A reasonable fear of harm;
• That the abuser engaged in stalking;
• That the abuser has been incarcerated and is about to be or has been released from jail.

Harassment Orders

Harassment orders may be sought in circumstances where the parties’ relationship or the alleged abuse does not fit the legal parameters of domestic violence. The threshold for obtaining a harassment order includes stalking, repeated intrusive threats, or contacts invading one’s privacy. The key is that the conduct must be repeated; a single incident of harassment typically will not justify a harassment order.

The procedure for obtaining a harassment order is similar to that for a protective order. It includes the issuance of an ex parte order and subsequent hearing before a final order may be issued.