Order for Protection Attorney in St. Cloud, MN

Qualifications for an Order for Protection

To be eligible for an Order for Protection, one must have a close relationship with the abuser. This includes current or former spouses, cohabitating partners, individuals in an intimate or dating relationship, or parents of children (whether married or unmarried). In cases involving minor children, a parent or guardian may file an OFP on behalf of the child, with or without including the adult as part of the petition.

Advocating for Families

At Jeddeloh Snyder Stommes, our attorneys understand child protection and have experience working with families through child protection cases. Child protection requires an attorney to understand Minnesota’s procedures. When social services are involved in a child protection case, the parent is given a case plan. Our lawyers know how to assist you with working and communicating with social workers. We’ve been through the process and understand the requirements and how to comply with the state to meet case plan goals.

The Process of Obtaining an Order for Protection

Obtaining an Order for Protection involves several crucial steps:

Fill out and file the necessary forms
To initiate the process, it is essential to obtain the required forms from the local courthouse. These forms are specifically designed for filing a petition for an OFP. It is crucial to carefully read the instructions and provide detailed information about the events of abuse. Thoroughly organizing the facts and presenting a clear picture of the abuse is vital for the judge’s understanding.

Judge reviewal
Once the completed forms are filed with the clerk, a judge will review the information provided to make a final decision. The judge may take a few days to review the petition thoroughly. In cases where immediate danger is evident, it is crucial to inform the clerk to request an ex parte order. An ex parte order is a temporary OFP granted when there is an immediate threat or danger to an individual.

Service of Process
If an ex parte order is granted before the hearing, it will only take effect once the abuser has been served the necessary papers. A sheriff or law enforcement officer will be responsible for delivering the papers to the abuser. If personal service is not possible, the judge may attempt alternative methods such as delivering the papers to previous addresses or sending them via mail.

Attending the Hearing
Attending the court hearing is crucial for the individual filing the petition. If attendance is not possible, it is essential to notify the clerk to reschedule the hearing. During the hearing, it is vital to present evidence of the abuse and be prepared to testify. If the abuser fails to attend the hearing, the judge may issue a default judgment or reschedule the hearing. In the case of a rescheduled hearing, an extension of the ex parte order may be requested.

The Impact of an Order for Protection

While an Order for Protection cannot guarantee absolute safety, it can significantly impact the lives of individuals involved in abusive relationships. Here are some ways an OFP can make a difference:

1. With an OFP in place, law enforcement agencies are more likely to take reports of abuse seriously.
2. An OFP can provide protection at the victim’s workplace, ensuring the abuser stays away from their place of employment.
3. An OFP is a crucial factor when establishing or modifying custody arrangements, ensuring the safety and well-being of minor children.
4. Violating an OFP is considered a crime, leading to potential legal consequences for the abuser.

Defending Against False Allegations

An individual may find themselves wrongly accused of harassment or abuse. If you are being wrongly accused, it is essential to obtain legal representation to protect your rights and fight against the false allegations.
Whether you are a victim seeking protection or someone defending against false allegations, it is crucial to consult with an attorney at Jeddeloh Snyder Stommes, who is experienced in harassment restraining orders.

Obtaining an Order for Protection

Understanding the process of obtaining an Order for Protection and the different types of abuse is an important first step towards having your best interests protected. At Jeddeloh Snyder Stommes, we are dedicated to empowering individuals to protect themselves and ensure their safety.

Our mission is to provide compassionate support and expert guidance in navigating the world of Orders for Protection. Remember, you are not alone, and there are resources available to help you through this challenging journey towards safety and security.