Minneapolis Domestic Abuse Lawyer

Domestic abuse is a criminal offense that comes with serious consequences. Furthermore, domestic abuse usually goes hand in hand with an Order for Protection, or a restraining order, against the alleged defendant. Domestic assault is not only grounds for a criminal conviction, but is also usually the first step in the divorce process.

Domestic Abuse Cases and Family Members

Domestic abuse is defined as physical harm or fear of harm inflicted by a family member or criminal sexual conduct (sex crimes) committed by a family member. However, the term ‘family member’ does not only mean mother, father, brother, sister, etc.  A family member, under the domestic abuse definition, can include the following:

  • Spouse or former spouse
  • Parent , child, grandparents, aunt, uncle, cousin
  • Persons related by blood
  • Persons presently living together, or persons who have lived together
  • Persons who have children together or who are expecting a child together
  • Persons involved in a romance and sexual relationship

Order for Protection Procedure

An Order for Protection acts as a restraining order, ensuring that the defendant stays a certain distance away from the victim at all times. While some Order for Protection’s will be short, others can last as long as two years depending on the domestic abuse case.  An Order for Protection is issued under the Minnesota Domestic Abuse Act and is a way for victims of domestic abuse to continue to live without threat or fear of another attack.

Petitioning for an Order for Protection

If there is an immediate threat to the victim, then the court will issue a temporary Order for Protection as soon as a petition is signed. At a later date, a full hearing on the petition will take place and the alleged abuser will be put to trial to prove that the act of domestic abuse did occur.

Order for Protection Violation

It is a criminal offense to violate the restraining order once it is in place. If you do violate an Order for Protection, you may be facing a misdemeanor charge punishable by up to 90 days in prison and/or a fine of $1,000. For repeat offenders, violating an Order for Protection can be classified as a felony with long term imprisonment and a fine of up to $10,000.

Battling an Order for Protection

In many instances, an Order for Protection can be granted out of anger, spite, revenge or resentment rather than due to actual domestic abuse. If this is the case, you may find yourself unable to see your children or even live in your home and you have the legal right to fight against this unjust Order for Protection.

We Offer a Free Consultation

If you are currently facing an unjust Order for Protection or if you want to file an Order for Protection for domestic abuse, then it is important you speak with a qualified family law attorney right away. The sooner you make the call, the quicker our lawyers can get to work on your case and the better for everyone involved. Contact Myles A. Schneider & Associates, Ltd. today at 763-315-1100 or by e-mail to schedule a free consultation.

Divorce Lawyer Minneapolis

Myles A. Schneider & Associates, Ltd. represent clients from throughout the areas of Minneapolis, St.Paul, MN or anywhere in the whole Twin Cities area – Saint Paul, MN Mpls, Anoka, Apple Valley, Andover, Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Burnsville, Champlin, Chanhassen, Columbia Heights, Coon Rapids, Cottage Grove, Crystal, Eagan, Eden Prairie, Edina, Excelsior, Falcon Heights, Farmington,  Forest Lake, Fridley, Golden Valley, Hastings, Hopkins, Inver Grove Heights, Lake Elmo, Lakeville, Lino Lakes, Little Canada, Long Lake, Mahtomedi, Maple Grove, Maplewood, Mendota Heights, Minneapolis, Minnetonka, Mounds View, New Hope, North St. Paul, Oakdale, Plymouth, Prior Lake, Richfield, Robbinsdale, Rogers, Rosemount, Roseville, St. Anthony, St. Louis Park, Savage, Shakopee, Shoreview, South St. Paul, Spring Lake Park, Stillwater, Vadnais Heights, West St. Paul, White Bear Lake, and Woodbury, MN – Minnesota.