PREFACE
This booklet describes legal options for dealing with abuse. It is a guide and is not meant to answer all questions. The laws talked about in this booklet change often, so be sure to check for changes. This booklet only gives general rules which may or may not apply to your situation.
NOTE: This booklet refers to the abuser as a man and the victim as a woman, though sometimes the victim is a man.
If you are low income you can get a free copy of this booklet from your local legal services office. The booklet is also available online at www.LawHelpMN.org to view or print out. Others can purchase the booklet for $7.00 plus applicable Minnesota sales tax. Contact the Minnesota Legal Services Coalition, Midtown Commons, Suite 101B, 2324 University Avenue West, St. Paul, MN 55114, (651) 228-9105, ext. 111. Discounts are available on bulk orders.
This booklet is published by the Minnesota Legal Services Coalition with writing assistance provided by legal services program staff.
For free information about this and other civil legal topics, visit www.LawHelpMN.org.
Fact Sheets on different legal subjects are also available online at the website listed above or from the Community Legal Education Program at the Legal Aid Society of Minneapolis. Please call (651) 228-9105, ext. 115 for a list.
Copyright ©2008 by Minnesota Legal Services Coalition
Table of Contents
2. Creating fear of immediate physical harm (threats) includes
· saying things like "I'll kill you if you leave me," or "If you don't give me the car keys, I'll hit you harder than last time"
· waving a gun or knife at you
· smashing your furniture
· killing your pets.
If the abuser has hurt you in the past and these words or actions now cause you to believe the abuser is about to do it again, that is a threat of physical harm.
3. Criminal sexual conduct
This means forced intercourse or forced contact with intimate body parts. For a child under 18 this may include any sexual contact.
4. Terroristic threats include
· bomb threats
· threatening with a fake gun
· threatening to commit any crime of violence.
5. Interference with an emergency call
This means stopping or trying to stop you from making
· emergency 911 calls
· emergency calls for medical or ambulance service
· emergency calls to police or fire department
· other emergency calls.
WHO CAN GET AN OFP?
Family members or Household members can ask for an OFP.
This includes
· people who are married
· people who used to be married
· people who are related by blood
· people who live in the same home together - even if the people are not having a sexual relationship but are just roommates
· people who used to live in the same home together
· people who have a child together
· people who have a pregnancy together
· dating partners -- you do NOT have to live together now or in the past.
This information applies to all people regardless of sexual orientation.
You can get an OFP before, during, or after a divorce case involving the abuser. The OFP case is separate from the divorce case.
GETTING AN OFP FOR A MINOR
You can apply for an OFP for a child if you are a
· parent
· guardian
· a family or household member
· or sometimes other adults.
You can apply for an OFP for yourself AND a child if you both have been abused or threatened.
or
You can apply for just the child if the child was abused or threatened and you were not. Most judges also want you to call Child Protection if the harm or threats were only to the child and not you.
If you apply for an OFP based on physical or sexual abuse of a child, you will probably need a lawyer to help you.
Minors
Minors, ages 16 or older, can sometimes get an OFP on their own. They should follow the same process as an adult.
OFP AGAINST DATING PARTNERS
If you want to get an OFP against someone you are or were dating, there are things the court will look at such as
· how long the relationship lasted
· the type of relationship
· and how long ago it ended.
WHO CANNOT GET AN OFP?
You cannot ask for an OFP if you are not related to your abuser and you have
· never been dating partners
· never stayed in the same home together
· never been married to each other
· not had a child or pregnancy together.
If you have problems with someone like your neighbors, friends, distant relatives, or co-workers, you can apply for a Harassment Restraining Order instead of an OFP (see here for more information).
HOW LONG DOES AN OFP LAST?
An OFP usually lasts for 2 years. If the OFP is violated or more abuse happens, you can get it extended (see here for information). Also, if there have been 2 or more OFPs or Restraining Orders against the abuser or if the abuser has violated the order more than twice, the court can make an order last for up to 50 years. But, if the abuser does not do anything to violate the order for 5 years, there's a chance he could ask the court to shorten or vacate the order.
HOW DO I APPLY FOR AN OFP?
You do not need a lawyer or advocate. You can apply for an OFP yourself. It does not cost anything. You need to decide what works best for you. Below are some ways to apply.
BY YOURSELF
If you want to apply for an OFP by yourself, you apply at the county courthouse. Some counties have special offices to help you. Some have the court clerk fill out the forms. Some hand you the forms to fill out.
You also can get the forms on the internet so you can fill them out before going to the courthouse. The forms are available at www.mncourts.gov/forms. Look for the forms called Protective Orders. Read the instructions carefully, you may need to fill out more than one form.
1. fill out the form(s) - see section below
2. file the form(s) with the court
3. give information so the forms can be served (see here for more information) and then,
4. attend the court hearing if there is one.
WITH AN ADVOCATE
You may want a women's advocate for support. She can give you ideas and emotional support. She may help you fill out the forms and take pictures of your injuries, if needed. She is trained to help you and she knows the court process. But she cannot give you legal advice. She cannot speak at the hearing. Information about how to find an advocate can be found here. If you work with a domestic abuse advocate, the advocate can't be forced to tell that information in court, unless you agree or the court orders the advocate to give that information.
WITH A LAWYER
You may want a lawyer for legal advice or to represent you in court. You do not have to have one but you can if you want. You should think seriously about getting a lawyer if your situation involves
- harm to a child
- subpoenas for witnesses or written evidence
- expert witnesses such as doctors or police
- concerns about your immigration status
or
· the other side has a lawyer.
Click here to find the phone number for your local legal aid office.
FILLING OUT THE FORMS
The form you need to get your OFP started is the Petitioner's Affidavit and Petition for Order of Protection. It can be found at the MN Courts website here.
· The Affidavit is a statement of facts. You give basic information about yourself and your children and you describe the domestic abuse.
· The Petition tells the court what you want the court to do. You list the things you want the judge to order in the OFP.
You do not have to put your address in the affidavit. You can put "safe place" instead.
DESCRIBE THE ABUSE - GIVE DETAILS
The judge has to decide if your situation meets the legal definition of abuse. You have to paint a picture in words. Pretend you are describing a movie of what happened and be as specific as you can. Do not use words like "he abused me" or "he became physical." Instead, tell in as much detail as possible exactly what happened.
· Date(s) it happened
· Place(s) it happened
· What part(s) of your body was touched
· What part(s) of your body he used
· Exact words of threat
· Body language
· Injuries
Poor
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