Fogel Law Offices, P.A. has extensive experience handling domestic abuse cases. Minnesota statutes define "domestic abuse" as:

• Physical harm or fear of harm inflicted by a family member
• Criminal sexual conduct committed by a family member
• Terroristic threats

If domestic abuse occurs, the victim is entitled to seek relief under the Minnesota Domestic Abuse Act and obtain an "order for protection.”

If there is a threat of immediate and present danger of domestic abuse, a court may also grant an "ex parte temporary order" for protection. This means the order is granted without the alleged offender present to be heard. This usually occurs if there is extreme fear of imminent harm, or if the person being abused believes that the abuser will harm them further if they are aware of the request for an Order for Protection.

Courts may grant any, or all, of the following relief at the time an Ex Parte Order for Protection is granted:

Once a temporary order for protection is granted, a full hearing on the petition for the order of protection must take place within a specified amount of time. The alleged abuser is entitled to an "evidentiary hearing" following a very short initial appearance in which the allegations are denied or admitted. If the abuse admits to the allegations, a “permanent” Order for Protection will be issued, which will usually be valid for 1 to 2 years.

In addition to those items discussed above, the permanent Order for Protection may provide any or all of the following:

• Exclude respondent from an area surrounding the petitioner's residence
• Temporary custody and visitation rights
• Establish temporary child support or spousal maintenance
• Provide counseling services if parties are married or have kids
• Order respondent into treatment
• Award temporary possession of property
• Restrain assets
• Order restitution.

It is important to understand that an Order for Protection is not a fail-safe method to stop an abuser. However, violation of an Order for Protection is considered a misdemeanor, punishable by imprisonment for up to 90 days, a fine up to $700, or both. Police officers may arrest an offender and take them into custody. The violation also constitutes contempt of court. Repeated violations can result in a felony conviction with long-term imprisonment and a fine of up to $10,000.