Domestic Abuse Lawyer
Mankato Family Law Attorney
Domestic abuse has become more and more prevalent within our society. Fortunately, there are ways to legally remedy these issues and it is the manner in which the parties pursue the abuse that sets the tone for any litigation that occurs in the future.
If you have been accused of domestic violence or you have been victimized, your Southern Minnesota domestic abuse attorney will help you through the matter. At Birkholz Law, LLC, we are focused on ensuring the best outcome; including helping you acquire an order for protection if you are in fear of harm to you and/or your children.
Minnesota Domestic Abuse Act
Minnesota defines the act of domestic abuse as one in which causes physical harm or fear of physical harm by a family member. It also covers criminal sexual conduct that is committed by a family member. The definition of a family member is rather broad in that it covers children, spouses, or any relatives living within the home. It can also include cohabitants and any party that has a child in common.
Under Minnesota’s Domestic Abuse act, a victim may seek relief and acquire an Order for Protection. When an adult wishes to acquire an Order for Protection, a petition may be written on behalf of a minor by the guardian or any reputable adult who is over the age of 25. If there is an immediate threat of danger or domestic abuse, the court will grant a temporary order without the accused knowing about it.
Temporary Order For Protection
Once the temporary Order for Protection is granted, there will be a full hearing on the petition for the order. This is when the alleged abuser is allowed to defend him or herself at an evidentiary hearing. They have the burden of proving that the acts of domestic violence did not occur. If you are the accused, then you will need a Mankato domestic abuse lawyer by your side to help you throughout the process. The same applies to an individual who has made the claim. You will need your attorney to help you.
If the Order for Protection is violated, the charge is a misdemeanor. This means the penalty could be a fine up to $1,000 and/or a jail term of 90 days. When police are called because of a violation, they may arrest the offender and immediately take him or her into custody. This violation also results in a contempt of court charge. If the order is violated repeatedly, the charge could be upgraded to a felony and a felony conviction can result in a fine of up to $10,000 and long-term imprisonment.
Contact A Southern Minnesota Divorce Lawyer
Domestic abuse is very serious and is something that can tear families apart, whether it is legitimate or if domestic abuse is an allegation made during a divorce or custody issue. We have dealt with both types of cases, helping victims receive the protection they need and helping those simply accused with their defense. If you need assistance in a domestic abuse matter, Birkholz Law, LLC can help you. Call the Mankato office at 507-387-2100, the St. James office at 507-375-3374, or the Westbrook office at 507-274-6501 for a free consultation.