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Education for Justice |
FACT SHEET F-5 |
Fall
2011 |
ORDERS FOR
PROTECTION AND
HARASSMENT ORDERS
WHAT IS AN ORDER FOR PROTECTION?
An Order For Protection (OFP) is a
court order to stop family violence. An
OFP is not a criminal case. It takes
place in family court. The court can
order things that keep the abuser away from you and your home or order them to
get counseling or treatment. It can also
order child support, custody or parenting time (visitation).
WHAT IS FAMILY VIOLENCE (DOMESTIC
ABUSE)?
Family violence is when someone is hurting you physically or
threatening you with immediate physical harm. This includes sexual violence and
terroristic threats. Examples are
hitting, throwing things at you, pushing, saying things like “I’ll kill you,”
waving a weapon at you, killing your pets, or forcing you to have sex. Not letting you call 911 for help is also
family violence.
WHO CAN GET AN OFP?
You can get an OFP to stop abuse by any of the following
people:
·
Your husband or wife (you do not need to start a
divorce to get an OFP)
·
Your ex-husband or ex-wife
·
Anyone you have or had a significant romantic or
sexual relationship with
·
Any blood relative
·
Anyone you live with now, or have lived with
·
Your parent
·
Your child, if they are more than 18 years old
·
The father or mother of your child or unborn
child
If the abuser does not fit any of these categories, then go
to the end of this fact sheet to learn about Harassment Orders.
CAN I GET AN OFP FOR SOMEONE ELSE WHO
IS BEING ABUSED?
DO I HAVE TO GET AN OFP TO STOP THE
ABUSE?
No. Even without an
OFP, it is illegal for anyone to hurt, rape, or threaten you. It is also against the law for someone to stop
you from calling 911 for help. But an OFP
can make it easier to protect yourself.
It tells the abuser that more threats or abuse will lead to arrest,
criminal charges and maybe jail or a fine.
OFPs make it easier for the police to arrest the abuser.
HOW DO I GET AN OFP?
1. Go
to the courthouse or call the domestic abuse office at the courthouse and tell
them you want to file an OFP.
2. A
court clerk or an advocate will give you the forms you need and help you file
papers telling the court what happened, and what you want.
You can also find the forms online at www.mncourts.gov.
®
Click on “Court Forms” in the list on the left
side of the page
®
Click on “Protective Orders”
®
Click on “Orders
for Protection in Domestic Abuse cases”
3. You
do not have to pay a filing fee.
4. You do not need a lawyer.
5. If
you need immediate protection from danger, ask for an “ex parte” order. “Ex parte” means without telling the person
on the other side of the case. The order
is signed the same day you apply, before the abuser is served. An ex parte order protects you until there is
a hearing.
6. In
most cases, you will have a hearing within 14 days. It will be within 7 days if you got an ex
parte order.
7. In
some cases, you can get an OFP without having a court hearing. See page 4 for more information.
To create filled out forms you need to file for an OFP click
here or go to: www.LawHelpMN.org/formhelper.
®
Click on “Order for Protection Against Domestic Violence.”
This is a step-by-step interview
that will put your information onto the 3 forms needed to file your OFP in
court.
CAN I GET AN OFP IF I JUST MOVED TO
MINNESOTA?
Yes. There are no
residency rules for getting an OFP.
WHAT CAN I ASK THE COURT TO DO?
The court can order many things:
·
That the abuser cannot harm or threaten you, the
children, or anyone in your home.
·
That the abuser cannot contact you in person,
use another person to contact you, or contact you by email, messaging, phone or
any other way.
·
That the abuser has to leave your home, even if
you have left to stay somewhere else for awhile.
·
That the abuser has to stay away from where you
work, live, and go to school.
·
That you have temporary custody of the children.
·
That the abuser’s parenting time (visitation)
with the children be limited, take place away from you and be supervised by
someone else.
·
Order temporary child support.
·
Order alimony (also called “temporary spousal
maintenance”).
·
Order counseling or other social services for
one or both of you, if you ask for it and are married or have children.
·
Order the abuser to go to counseling or
treatment.
·
Give one or the other of you the temporary right
to keep or use certain items of property.
·
Order one or both of you not to sell, give away,
destroy, or harm property.
·
Order the sheriff to help you get your things
out of the home or to provide protection.
·
Order the abuser to pay for costs you have had
because of the abuse. This can be
medical bills or the cost of replacing or repairing damaged property.
·
Order that they keep insurance for you and the
children.
·
Order that the abuser cannot abuse or hurt any
pet or companion animal as a way to threaten you.
·
Order that you get to keep and take care of a
pet or companion animal.
You can ask the court not to use or give out your address in
any public papers.
It is illegal for a
person to have a gun if there is an OFP against him or her. Ask the court in your papers to order the
abuser to turn all guns over to the police.
DOES AN OFP AFFECT CUSTODY?
Yes. In future
custody hearings, the court must
take the OFP into account, even if the OFP is from a court in a different
state.
WHAT HAPPENS AT THE HEARING?
You must show up for
the hearing! If you do not, the OFP
will be dismissed. If you are not ready
to go to the hearing, you can ask for a hearing on another day
(continuance). At the hearing, you tell
the judge what happened. If possible,
bring evidence like police reports, medical records, and photos. Also bring witnesses who saw the abuse or
your injuries, or heard you or the children being threatened. The abuser can tell the court his or her side
of the story. The judge may ask
questions to both of you. You may be
allowed to ask each other questions. The judge usually makes a decision right
away. You can have an advocate or lawyer
with you, but you do not have to.
Sometimes the abuser will also file for an OFP, claiming
that you have abused him or her. The
judge can hear both petitions at the same time.
The judge may then make a “Mutual Order For
Protection” (Order against both of you).
If the abuser does not file a petition, a judge must not give a mutual order.
WHAT HAPPENS AFTER THE HEARING? HOW LONG AM I PROTECTED?
The OFP describes your rights. Read it carefully. The judge may order different things than
what you asked for. The court will send
a copy of the OFP to the local sheriff and police. You should also take a copy to your local
police station. If you move, tell the
court and the police your new address.
The order says how long it lasts, up to 2 years in most cases.
If your abuser has violated the OFP or no contact order or
you are still threatened or afraid when the order runs out, ask the court to
extend it. The court may issue a renewal order that can last up to 50 years. If you want the renewal order to last longer then 1 or 2 years, you will need to show that your abuser
violated the prior order(s) at least 2 times OR that you have had 2 prior
orders for protection against the same abuser in the past.
Keep a copy of the OFP with you at all times!
WHAT CAN I DO IF THE ABUSER VIOLATES
THE OFP?
If the abuser threatens or harms you or the children, or
comes to your home, it is a violation of the OFP.
·
You can also go back to Family Court to enforce
the OFP. You can file a form with the
court stating how the abuser violated the OFP.
You can use this form if the abuser does not pay child support, does not
follow the custody or parenting time order, or fails to go to counseling – if
those things were part of the OFP. The
judge can order the abuser to appear in court for a hearing. Both you and the abuser can testify. If the judge decides that the abuser violated
the OFP, they can be punished.
WHAT IF I LET THE ABUSER INTO MY HOME?
You do not violate the OFP by letting the abuser into your home. If the abuser will not leave, or threatens
you, the OFP is still there for you to use.
In fact, the abuser violates the order by coming into your home, even if
invited. But, for your own safety, do not invite him or her in!
DO I NEED A COURT HEARING TO GET AN
OFP?
Not necessarily. You
can ask for an OFP without asking for a hearing. But the abuser has a right to a hearing, if
they ask for it. If you have children
together, it is best to ask for a hearing.
If you do not ask for a hearing, the court can only order 4
things:
You can also ask for temporary custody of the children. But some courts may not allow this, so, if you have children, ask for a hearing. The abuser has 5 days to ask for a hearing after
the sheriff serves the papers on them.
If they do ask for a hearing, it will be in 8 to 10 days. The court will send you a notice of the
date. Check with the court every day to
see if the abuser has asked for a hearing.
If there is a hearing and you do not show up, the OFP will be dismissed.
IS AN OFP GOOD IN OTHER STATES?
Yes. If you move to a
new state, file your OFP at the courthouse of your new area and take a copy to
the local police. But even if you do not
file the OFP or take a copy to the police, the new state should still enforce
your order.
MFIP AND OFPs
If you get MFIP, tell your worker about the OFP. Most parents on MFIP can only get MFIP for 60
months (5 years) in their life. MFIP has
rules about how many hours per week you must spend on work activities. Work activities are work, work search, or
training. But you may be able to do less work activities if you are a victim of
family violence. See a family
violence counselor. To find one in your
area, call 1-(866) 223-1111. The
counselor can help you ask to have the 5 year clock stopped and help you set up
an Employment Plan that takes your situation into account. See our fact sheet, G-5
MFIP For Family Violence Victims.
HARASSMENT
ORDERS
You can get a restraining order to prevent harassment in
situations where you couldn’t get an OFP.
For an OFP, the abuser must be family, you must have lived with them, or
you must have a family or significant romantic relationship. For a harassment order, the relationship
between you and the harasser does not matter.
The harasser may be a stranger, a neighbor or a co-worker.
“Harassment” means acts, words or gestures that the harasser
uses that get in the way of your safety, security, or privacy. This can be threatening to hurt you or your
property, stalking or following you, or repeatedly mailing or delivering
objects to you.
Getting a restraining order from harassment is like getting
an OFP:
·
Apply at the court with a petition and
affidavit. The court has the forms.
You can also find the forms online at www.mncourts.gov.
®
Click on “Court Forms” in the list on the left
side of the page
®
Click on “Protective Orders”
®
Click on “Restraining
Orders in Harassment cases”
·
Pay filing fees (if you have a low income, you
can ask to file for free). Sometimes
there is no fee. This depends on what
the harasser has done.
·
The sheriff serves the papers.
The hearing is like an OFP hearing. The court order can:
·
Order the harasser not to contact you and your
family;
·
Allow police to arrest the harasser without a
warrant; and
·
Last for 2 years.
To create filled out forms you need to file for a Harassment
Restraining Order click
here or go to: www.LawHelpMN.org/formhelper.
®
Click on “Harassment Restraining
Order.”
This is a step-by-step interview
that will put your information onto the forms needed to file in court.
To find other Legal
Aid Society materials, including any fact sheets mentioned in this
document, go to www.lawhelpmn.org/LASMfactsheets.
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