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1125 Wells Fargo Plaza
7900 Xerxes Avenue S.
Bloomington, MN 55431
Phone:
952-746-4111
Fax: 952-746-4112
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Domestic Abuse
Although criminal charges may result from
domestic assault, a request by a party for an Order for
Protection after an act (or from fear of an impending act) of domestic abuse is a civil proceeding
governed by Minnesota law. Physical harm, infliction of fear,
and threat of physical harm are all considered forms of domestic
abuse. An Order for Protection may be issued to protect an
individual and children from future harm. Violating an Order for Protection is a criminal act.
If an Order for Protection is sought, a
temporary emergency Order may be issued pending a hearing. The hearing must occur within a prescribed period of time. At the hearing,
a judge or referee will determine whether a more permanent Order should
issue (usually for no less than one year in duration).
Accusations of domestic abuse may have a considerable effect
on any subsequent divorce or paternity proceeding. If an accused individual testifies at a domestic
abuse hearing, he or she may potentially be waiving the
right to remain silent at a subsequent criminal hearing.
As
a result, whether seeking the protection of the law or defending
oneself from an accusation of domestic abuse, it is imperative
to consult with an experienced family law attorney to ensure
that your rights will be protected. |
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