Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

Domestic Violence Order for Protection

Minnesota law defines domestic violence as when a family or household member does one or more of the following actions: causes physical harm, bodily injury, or assault; puts another family or household member in fear of imminent bodily harm; threats to commit a crime of violence or brandishes a firearm; engages in criminal sexual conduct; or interferes with an emergency call. The court will examine the relationship between you and the alleged abuser and make a determination as to whether or not your case is to be considered domestic violence.

Minnesota law provides for a domestic violence order for protection for victims of domestic abuse.  There are two types of orders – an ex parte order for protection and a full order for protection.  An ex parte order can last up to two years and may be given to you on the day you file your Petition for an Order of Protection if the judge believes you are in imminent danger.  It is unlikely to last that long, however, without the alleged abuser being given a chance to recount his or her side of the story.  Generally, the ex parte order of protection will be issued for the length of time that you have to wait until the alleged abuser requests a hearing for a full order for protection, at which time he or she will be given a chance to defend him or herself.

After you file your Petition for an Order for Protection, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are each given a chance to tell your respective sides of the story, the judge will decide whether or not to issue a final order of protection.  If your petition is granted, it will run for two years, though you may apply for a renewal which may be granted subsequent to a hearing.

If, after your hearing, you are granted a domestic violence order for protection, it is likely to do the following things: order the abuser not to commit any acts of domestic abuse; prohibit the abuser from going to your home, workplace, school and child’s day care center; award you temporary custody of your children and establish temporary child support; order neither party to dispose of any shared personal property; order the abuser to reimburse you for any legal and medical bills you incurred because of the abuse; ensure continuation of any insurance coverage; give you possession of the home and automobile; and provide any other form of relief necessary to protect you and your family.

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Minnesota who have been victims of domestic violence can be found here.