Order For Protection Attorney in St. Paul, MN

If you are looking to take legal measures against domestic abuse in order to protect yourself or others, an Order For Protection (OFP) may be right for you. This order is only for domestic abuse cases involving family or household members, whereas a Harassment Restraining Order can be used in a wider range of situations. Whichever fits your situation, a trusted lawyer is your best asset to stay on top of the required documents, possible court hearings, and the status of your petition.

Attorney Clarence Patterson III has many years of experience helping people who need to get an Order For Protection, with a strong focus on protecting the rights of his clients. His work in the Twin Cities area has helped dozens of individuals in often tense and emotional situations to achieve the best possible outcomes for their cases. Book a free phone consultation today to discuss your case and next steps with Attorney Clarence Patterson III.

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Purpose of an Order for Protection

An OFP seeks to protect victims of domestic abuse by ordering alleged abusers not to contact, harm, or threaten to harm the individuals specified on the OFP. In addition to ceasing contact and abuse, there are other ways to request relief, such as requesting law enforcement to accompany you to a home shared with the person against whom you are seeking this order or including additional addresses, which that person must avoid.

The first requirement for an OFP is that domestic abuse has occurred. Minnesota Law defines domestic abuse as the infliction of things like:

• Physical harm, with or without an instrument (such as a knife)
• Threatening speech or gestures that suggest bodily harm
• Forced sexual conduct or contact with either an adult or a child
• Sexual extortion under threats to employment, housing, private information, etc.

Minnesota’s legal code lays out these conditions very clearly and has precise definitions for many of the terms it uses. A lawyer will help you interpret the language of Minnesota Statutes to determine where you stand and which categories apply to your unique situation.

The second requirement for an OFP is that this abuse occurred between individuals who are members of the same family or household. For the purposes of domestic abuse cases, “same family or household” includes:

• Current or former spouses
• Parents and children
• Persons who have a child in common, regardless of whether they have lived together or been married to each other
• A pregnant woman and the man believed to be the father, regardless of whether they have lived together or been married to each other
• Persons related by blood
• People who have lived or are living together
• Persons involved in a romantic or sexual relationship

There are circumstances under which an OFP can be filed on another person’s behalf or by a minor above the age of 16 years old, but the possibility of these options is best discussed with a lawyer to determine whether the conditions are met.

When filling out the required forms, you will need to describe:

1. Instances of domestic abuse
2. Prior cases related to abuse or custody negotiations
3. Details about where you believe the person against whom you are requesting this order can be found

A skilled attorney can assist in the filing of these documents and in assuring that the petition is filed in a valid county.

Depending on the extent of demands, you may be required to have a court hearing. If you are requesting greater restrictions on or demands of the person against whom you are requesting an order, a hearing is required, but it may also be requested by the court for other reasons.

If granted, an OFP will typically last 2 years. If two or more OFPs have been issued against the individual in question or they have violated an OFP two or more times, this time length may be extended up to 50 years.