Minneapolis Protection Order Attorneys
Getting an Order for Protection
At Scrimshire, Martineau, Gonko & Vavreck, we pride ourselves in the effective and strong advocacy we provide to our clients who seek protective relief from domestic abuse. We've successfully obtained orders for protection for numerous clients all over the state of Minnesota. We always employ effective investigative tools to fully develop our clients' claims. We always prepare our clients to the fullest of our ability, and we are always there for our clients through this emotional and difficult process.
What is an order for protection?
An Order for Protection (OFP) or harassment order are types of court orders that will help protect you from domestic abuse, violence or harassment. An OFP orders the person abusing you to stop harming or threatening you. An OFP and harassment order can apply to anyone in any type of abusive situation. Domestic abuse is defined as any of the following actual or threatened types of conduct or behavior between household or family members: physical harm, injury, assault, sexual assault, terroristic threats or making a person fearful of harm, injury or assault.
Pursuant to Minnesota State Statute 518B.01 Subd. 2(b), domestic assault occurs to a family or household member if the assault is committed by another family or household member. Family or household member is defined as:
- Spouse or former spouse
- Parents or children
- Person related by blood
- Persons who are currently residing together or who have resided together in the past
- Persons who have a child in common regardless of whether they have been married or have lived together at any time
- A man or woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time
- Persons involved in a significant romantic or sexual relationship
An adult may file a petition for an Order for Protection (OFP) on behalf of any victim who is a minor, is considered vulnerable because of mental deficiency or is of an advanced age.
What happens at the hearing?
At the hearing the judge will listen to both the petitioner (the filing party) and the respondent (the person against whom the OFP was filed) and will determine whether a long-term OFP should be issued. If granted, this order is generally issued for one to two years.
You must show up for the hearing! Just showing up is often one of the most difficult and emotional decisions our clients face; but with our support and guidance, we will successfully lead you through this process. If you do not appear at the hearing, the case will be dismissed. If the respondent was served with the papers and does not show up for the court hearing, the judge will review your request and will usually grant the OFP. It is always advisable to be represented by a lawyer.
At the hearing, with our assistance and guidance you will tell the judge what happened. You are not required to present evidence other than your own testimony; however, it usually helps to bring police reports, medical records or any photographs of injuries. You may also bring witnesses who saw the abuse, your injuries or heard you or your children being abused or threatened. The respondent will also have a chance to tell the judge his or her side of the story, after which time we will cross-examine them to help the court determine whether they are telling the truth.
Free attorney consultation: To discuss your case with a lawyer at no charge, call 612-659-9500 or fill out our contact form. Our law office is conveniently located in downtown Minneapolis, in the historic warehouse district, one block off Washington Avenue and our lawyers represent clients throughout the Twin Cities metro, Greater Minnesota and Western Wisconsin. Se habla español.
