What Relief Can a Court Grant in an Order for Protection?
Order for Protection Relief
While many people are aware that Minnesota courts can grant Orders for Protection (OFP) or restraining orders due to domestic abuse, most do not realize that the Minnesota Domestic Abuse Act also allows an OFP judge to make wide-ranging decisions that can affect the parties children and finances. These decisions often come as a surprise to parties to an OFP, and failing to understand the full range of ramifications can cause significant problems, particularly for the Respondent in a Minnesota OFP.
No Contact Orders
The most common provisions in a Minnesota OFP relate to restriction on the Respondent’s ability to contact the Petitioner. Contrary to a common misconception, the OFP does NOT restraining the Petitioner from contacting the Respondent, even where it does prohibit the Respondent from contacting the Petitioner. This means that the party who filed for the restraining order may still call, text, or otherwise communicate with the other party, but that if that person responds, they could find themselves facing criminal charges.
Usually such no contact orders prevent the Respondent from any and all contact with the Petitioner, including third-party contact through friends, family, or anyone else. This is usually a blanket prohibition on contact, and is strictly applied. If you are subject to a no contact order, it is wise to be extremely careful in all communication that may end up making its way to the other party.
Orders Involving Children
A judge in an OFP case can also make decisions concerning the children of the parties. First, the children may be added to the OFP petition if they are victims of domestic abuse as well. A parent can bring the petition on their child’s behalf, and the judge can grant that petition even if the child is very young.
However, judges can also order temporary child custody and parenting time in the OFP matter. This means that significant temporary decisions about a child’s life may be decided after what is usually a relatively brief hearing. Most commonly, judges provide temporary orders that are deemed to protect children on a short-term basis. This may result in significant limitations to the Respondent’s contact with the children, and may even result in temporary custody being granted to one parent on an emergency basis.
Temporary child support can also be ordered in OFP matters, and is commonly ordered where there has been an order relating to custody or parenting time. While this child support order is usually temporary, it may remain in place for a significant amount of time - potentially several years depending on how long the OFP remains in effect.
Orders Involving Financial Issues
A judge in a Minnesota OFP also has broad discretion to handle a wide variety of financial concerns. A judge can make an order concerning spousal maintenance (otherwise known as alimony), give one party possession of personal property, give a party the possession of a home (even if the Petitioner does not own the home), or even give one party possession of pets. Decisions concerning these issues can have significant consequences to both parties, and can result in major changes to the parties’ lives.
If you are involved in a Minnesota Order for Protection Matter, you should consider connecting with a Minnesota domestic abuse attorney as soon as possible. The family law and domestic abuse attorneys at RAM Law PLLC are experienced in handling restraining order matters and can provide you specific assistance and guidance in navigating complex OFP issues. If you are involved or anticipate future involvement in an OFP matter, call the Minnesota family law attorneys at RAM Law PLLC or submit our online consultation form to set up a free consultation.