Order For Protection

Southern Minnesota Order For Protection Attorney

An order of protection is in place to order an abuser to stop abusing their victim, communicating with the victim, or visiting the home or place of work of the victim. The order is granted by the court when a person and/or their children have been the victim of domestic violence as defined by state law. If you wish to defend yourself against domestic violence by obtaining an order for protection, your Mankato Order for Protection attorney can help you through the process.

Grounds For An OFP

You have grounds for an Order for Protection if you have a significant relationship with the abuser. In Minnesota, the following constitutes domestic abuse:

  • Verbal abuse
  • Physical abuse
  • Mental abuse
  • Intimidation and threats

Abusers can be spouses or former spouses, a person you have lived with in the past, the parent of our child despite whether or not you were married, a person you have had a romantic relationship with, or a blood relative.

If you do not have a significant relationship with someone who has abused or assaulted you, you can seek protection through a harassment restraining order.

Order For Protection Violation

The order for protection may stay in effect for two years. As the expiration date nears, the party who requested the order may ask the court for an extension. During the time the order is in effect, it will protect you. It is important to know that it doesn’t guarantee complete protection. However, it does increase the odds that you will be safe. The reason is because the person who violates the terms of the order will be arrested and face criminal charges. It is very likely they will have to go to jail.

If you are someone who has had an Order for Protection filed against you because of an accusation of abuse, you do have the right to defend yourself. After a temporary order is enforced, you can prove that no abuse ever happened. The reason why you may want to do this is because an Order for Protection can keep you away from your home and your family. Your Southern Minnesota Order for Protection lawyer can help you with this. It is possible you can have the order overturned. If you are the one who has been abused, you can make sure it remains in force.

Contact A Mankato Order For Protection Lawyer

An order for protection is needed if there is any abuse that is occurring in a domestic situation. An individual can request the order immediately and it can go into effect immediately so that the protection is instant. If the other party violates the order, they violate the law and they can be taken to jail. If you need to file for an order for protection or you are someone who wishes to assert your rights because one has been filed against you, Birkholz Law, LLC can help you. To learn more and to schedule a free consultation, call the Mankato office at 507-387-2100, the St. James office at 507-375-3374, or the Westbrook office at 507-274-6501.