Domestic Abuse in Minnesota
In Minnesota, domestic abuse can occur when one family or household member engages in certain prohibited conduct toward another. This conduct may include physical acts, such as bodily injury or assault, or the making of threats that place another person in fear of imminent physical harm.
Order for Protection
The person who alleges domestic abuse may apply for an Order for Protection. This is abbreviated as “OFP.”
Family or Household Members
To qualify for an Order for Protection in Minnesota, the persons involved must be “family or household members.” This phrase is liberally defined to include spouses and former spouses, parents and children, persons related by blood, persons who reside together or who have resided together in the past, persons who have, or who are going to have, a child in common, and persons involved in a significant romantic or sexual relationship.
After a Petition for Order for Protection has been filed with the court, courts will sometimes grant an ex parte OFP without a hearing. Ex parte means that the respondent is not given notice of the OFP until after it has been entered. If that happens, the respondent has the right to seek a hearing, provided they request the hearing within the time specified by law.
OFP Hearing
Often, at the hearing, the only witnesses to the alleged conduct are the parties themselves. Credibility is very important, and is often built from small cues, and this is a time when careful preparation of testimony is necessary. Courts decide OFP cases using a “preponderance of the evidence” standard, meaning that the court decides whether, based on the evidence, it is more likely than not that the alleged behaviors took place.
Generally, hearings for Orders for Protection are meant to last a few hours only. However, they can take much longer, depending upon the facts. If an Order for Protection is sought in connection with a divorce or paternity proceeding, courts typically want to be certain that the petitioner is not simply trying to bypass issues that are properly addressed in the underlying family law case. It might require more detailed testimony, evidence, and input from the attorneys.
If you have experienced domestic abuse, or if you have been accused of domestic abuse, and want to understand how Minnesota law applies to your situation, contact me at (952) 270-7700 to schedule an initial conference.
