Domestic violence or harassment is a reality for many families. There are many ways both attorneys and the courts will help. Gjesdahl Law’s attorneys specifically will help prepare all of the petitions and affidavits necessary to be granted protection. For protection order legal services in the greater Moorhead area, get in touch today.
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Unfortunately, domestic violence or harassment is a reality for many families. If you or your children need protection in Minnesota, attorneys and courts are here to help.
A temporary order will restrain the perpetrator from contacting or interacting with the victim, including contact through third parties.
Gjesdahl Law can help victims of domestic violence, harassment, or disorderly conduct file a petition and/or affidavit to get the temporary restraining order they need. The type of order you need will depend on the facts of your case. Even if there are criminal charges involving your case, you may still need to seek help to ensure your family is protected.
In Minnesota, victims can file for Orders for Protection (OFP), Harassment Restraining Orders (HRO), and Domestic Abuse No Contact Orders (DANCO).
Depending on the type of order, a court hearing may be necessary. After the hearing, the court may award temporary custody, supervised parenting time, use of a home, child and/or spousal support, and attorney fees.
If you are in need of protection, Gjesdahl Law can help by preparing the petitions and affidavits necessary to receive a protective order. We will appear at hearings and help you through the unfamiliar, but necessary, process.
Those wrongfully accused of abuse or harassment can count on Gjesdahl law to help tell the court their side of the story.
Orders for Protection (OFPs) will restrict contact and require that the preparator surrenders their firearms. Additionally, OFPs may establish possession of property, custody, child support, maintenance, and may exclude the perpetrator from schools, daycares, and workplaces.
In order to obtain an Order for Protection, an allegation and showing of domestic violence must be reported. In the eyes of the courts, domestic violence consists of physical harm, the infliction of fear of imminent harm, bodily harm or assault, criminal sexual assault, or interference with an emergency call.
A Harassment Restraining Order (HRO) will restrict and prevent the perpetrator from having contact with or harassing a victim. A HRO will order your harasser to have no contact with you, and violation of the restraining order will result in the perpetrator being arrested.
To be granted a Harassment Restraining Order, a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures must occur. These acts must have a substantial adverse effect on the safety, security, and privacy of the victim.
A temporary restraining order may be given without a court hearing, which can then be extended for a longer period of time after a court hearing.
Domestic Abuse No Contact Orders (DANCOs) only limit contact between the victim and the abuser. They are criminal in nature and will not cover the same areas as an OFP.
Domestic Abuse No Contact Orders are issued by the court when a criminal action is pending or a conviction has been entered when domestic violence has occurred. A DANCO may also be issued when there is a previous violation of a previous DANCO or OFP.
OFPs are issued by District Court in Family or Domestic Law cases.
Harassment Restraining Orders are a civil action and are issued by the District Court.
No Contact Orders are issued as part of a criminal action and issued in relation to a crime.
OFPs require an allegation and showing of domestic violence. Domestic Violence is physical harm, the infliction of fear of imminent harm, bodily harm or assault, criminal sexual assault, or interference with an emergency call.
HROs require a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures. These acts must have a substantial adverse effect on the safety, security, and privacy of another person.
DANCOs are issued by the court when a criminal action is pending or a conviction has been entered when domestic violence has occurred. A DANCO may also be issued when there is a previous violation of a previous DANCO or OFP.
Because an OFP requires a showing of domestic violence, you must have a familial relationship to the perpetrator. A family relationship includes spouses and former spouses, parents and children, persons who have resided together in the past, persons related by blood, persons who have a child together regardless of marital status, a pregnant mother and the alleged father, and persons involved in a significant romantic or sexual relationship.
HROs do not require a relationship with the preparator of the unwanted conduct. Any person that commits harassing acts may be subject to restrictions under a HRO.
Because a DANCO requires a showing of domestic violence, you must have a familial relationship to the perpetrator. A family relationship includes spouses and former spouses, parents and children, persons who have resided together in the past, persons related by blood, persons who have a child together regardless of marital status, a pregnant mother and the alleged father, and persons involved in a significant romantic or sexual relationship.
OFPs will restrict contact and require that the preparator surrender firearms. Additionally, OFPs may establish possession of property, custody, child support, maintenance, and may exclude the perpetrator from schools, daycares, and workplaces.
HROs will restrict and prevent the perpetrator from having contact with or harassing a victim.
DANCOs only limit contact between the victim and the abuser. They are criminal in nature and will not cover the same areas as an OFP.
Any victim of domestic violence can seek a OFP from the Court, either pro se or with the help of an attorney.
Any victim of harassing conduct can seek a HRO from the Court, either pro se or with the help of an attorney.
The prosecutor or State’s Attorney in a criminal case can request the DANCO as part of their pending criminal matter.
There is no filing fee for victims of domestic violence in OFP matters.
The victim of harassing conduct will have a civil filing fee for a HRO. This fee is not required if the alleged acts involve stalking, including a pattern of stalking, a second or additional violation of a protective order, if an aggravating factor is present, or if the incident involved criminal sexual conduct.
Because DANCOs are part of the criminal file, there is no filing fee for the victim.
Once a petition is filed, the Court must hold a hearing within 14 days if it does not issue an Ex Parte OFP. If an Ex Parte OFP is entered, the court does not need to hold a hearing unless it is requested by one of the parties. Respondent must request a hearing within 5 days of service of the Ex Parte OFP.
A hearing is not required if a HRO is issued by the court. However, either the petitioner or respondent may request a hearing. The timelines are not as stringent for HROs as they are for OFPs.
A DANCO can be entered by a court at any criminal proceeding when pretrial release or sentencing issues are decided.
Even if the court doesn’t enter a civil OFP, the criminal court can still enter a DANCO.
Even if the court doesn’t enter a HRO, the criminal court can still enter a DANCO.
Even if the court doesn’t enter DANCO, the civil court can still enter either an OFP or HRO.
A OFP may be issued for a fixed period, not to exceed one year, unless the court believes a longer period is appropriate. An OFP may be extended or renewed if the perpetrator violated the OFP, the victim is in reasonable fear of physical harm, the perpetrator has engaged in acts of stalking or harassment, or the perpetrator has been incarcerated and is set to be released or was recently released.
A HRO may be issued for any fixed time, not to exceed two years. However, if the court finds that the petitioner has had two or more previous restraining orders in effect against the same respondent or the respondent has violated a prior or existing restraining order on two or more occasions, relief granted by the restraining order may be for a period of up to 50 years.
DANCOs generally last for the duration of the respondent's criminal case or probation period and can be issued without the knowledge of the victim.
