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Family Law: What are the Steps to Take to Get a Restraining Order in Minnesota?

On Behalf of | Apr 21, 2022 | Family Law

Domestic violence remains a serious public safety issue. According to the Minnesota Department of Health, approximately 36 percent of women and a significant percentage of men will be the victim of intimate partner violence during the course of their life. A restraining order is a source of legal protection for victims of family violence.

This raises an important question: How do you get a domestic violence restraining order in Minnesota? The short answer is that there is a specific process that you need to follow. In this article, our Mankato restraining order attorneys explain the steps that you need to take to get a family restraining order in Minnesota.

1. Fill Out and File the Minnesota Forms

To get a family law restraining order in Minnesota, an individual must complete and submit the appropriate legal forms. As a general rule, you must file for an order of protection (restraining order) either in your own county of residence or in the other person’s county of residence. There is no court fee (application cost) to filing a domestic violence restraining order in Minnesota.

Seek Professional Family Law Representation: You do not have to try to get a domestic violence restraining order put into place on your own. Professional guidance is available. Consult with a Minnesota family violence restraining order attorney.

2. A Temporary (Ex Parte) Restraining Order May Be Issued

After you file an application for a restraining order in Minnesota, it will be reviewed by a judge. Based on the information provided in your petition, a judge may or may not enter an order. In many cases, judges will enter temporary (ex parte) restraining orders based solely on the petitioner’s allegations. Notice will then be served on the other party.

It should be noted that Minnesota is among the minority of U.S. states that allows judges to enter a long-term domestic violence restraining order without a full hearing. That being said, courts tend to lean towards putting temporary (ex parte) restraining orders in place.

3. Prepare for a Full Restraining Order Hearing

If a temporary restraining order has been entered on your behalf, it means that there will be a full hearing on the matter in the near future. The other party will have an opportunity to make their case at this hearing—including raising an argument why a long-term restraining order should not be put into place. Minnesota. A Minnesota family law attorney can represent you at a domestic violence restraining order hearing.

Get Help From a Family Law Restraining Order in Southern Minnesota

At Kohlmeyer Hagen, Law Office Chtd., our Minnesota restraining order lawyers are compassionate, solutions-focused advocates for clients. If you have any questions about getting a restraining order against a partner, we can help. Contact us at 507-405-2442 to set up your strictly confidential initial consultation. With offices in Mankato and Rochester, we help clients with family law restraining orders throughout Southern Minnesota, including in Skyline, Eagle Lake, St. Peter, and Owatonna.

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