Orders for Protection Lawyer Jennifer Speas

Defends Men and Women Seeking  or Against Orders for Protection (OFP)

Ex Parte Orders for Protection | Full Orders for Protection

Orders for Protection (OFP) offer you civil legal protection from domestic violence to both male and female victims. Upon obtaining an OFP, you will have a valid, legal document signed by a judge informing your abuser to stop abusing you or he/she will face serious legal consequences.

Since domestic issues tend to be extremely volatile, it is not unheard of for one party to exaggerate the level of abuse, even to lying to the courts claiming that there was abuse when none happened. Jennifer Speas represents both sides in OFP cases.

Orders for Protection are issued in domestic violence cases. These are cases involving conduct between family and/or household members including physical harm, injury, assault, rape, terrorist threats, or making a person fearful or harm, injury, or assault. If you have been subject to hitting, kicking, pushing, punching, slapping, pulling of hair, choking, being held down, had your life or your children’s lives threatened, been forced to have sex (even if you are married), or there has been any sexual contact with a child, then you will need an OFP.

You do not need to start divorce proceedings in order to obtain an OFP against your spouse.

There are two types of OFP available to you.

Ex Parte Orders for Protection

Full Orders for Protection.

Ex Parte Orders of Protection (OFP)

Ex parte simply means that the judge hears testimony from you alone and no one else. Your abuser is not notified about this hearing. In order to obtain an ex parte OFP, the judge must be convinced that you are in immediate and present danger of domestic abuse. Once convinced, the judge will immediately sign the protective order.

Your ex parte OFP will last for up to two years or more. Once you have your OFP, no further court appearances will be necessary. However, there are times when additional court appearances may be necessary. The circumstances that could require an additional hearing are:

You need to ask the judge for additional protection.

The judge does not grant you all of the protection you initially requested.

Your abuser requests a hearing after service of the ex parte order. The courts usually schedule this hearing within 10 days of the request. Notification of the hearing date is my mail. Therefore, you need to make sure that the courts have your correct mailing address.

Your ex parte OFP can grant you the following protections:

Order your abuser to cease abusing you and/or your minor children.

Order your abuser to leave and stay away from the home you have been sharing or to stay away from your current residence.

Order your abuser to cease having any contact with you. This will include personal contact, telephone contact, contact via mail, email, or other electronic devices, or having a third party contact you on his/her behalf.

Order your abuser to keep you and/or your children on his/her insurance policies if your abuser or his/her employer currently covers you.

Full Orders of Protection (OFP)

There are times when the judge feels that there is insufficient evidence to grant an ex parte OFP. When that happens, the court will schedule your case for a court hearing within 14 days so that you may request a full order for protection.

Unlike ex parte hearings, both you and your abuser will appear in court to state your sides of the story. Upon hearing from both parties, the judge will decide if issuing an OFP is necessary. If the court grants one, it will be valid for up to two years. If you still feel that you require protection upon it’s expiration, then you can petition the courts to have it extended.

Should your abuser violate a prior or existing OFP on two or more occasions or there have been two or more orders granted two or more OFP against your abuser, a judge can extend the order to last for up to 50 years. You should know, however, that if your abuser has not violated the order for five or more years, your abuser could petition the courts to modify (change) the order. The courts usually will want proof that there has been a significant change in circumstances.

Regardless of which type of order the judge grants you, it is imperative that you keep a copy of your order with you at all times. That way, if your abuser should violate the order, you will have one to show to the police when they respond to your 911 call.

Defending Against an Order for Protection (OFP)

Unfortunately, many spouses or significant others use this aspect of the legal system to their advantage by exaggerating or falsifying claims of abuse. If you are the victim, then you will need an attorney to assist you with your case. The system has a bias towards the alleged victim and gives you little time to prepare your defense against these charges. Your spouse or significant other could obtain full custody of your children and possession of your home, regardless of who’s name is on the deed or lease. Your spouse can and most likely will use the OFP in your divorce case.

All it takes is an allegation of a violation of an OFP or harassment order and you will be arrested and charged with a crime. A violation of an order for protection or harassment order can vary from misdemeanor to felony and the penalties vary from jail, prison, fines, court ordered counseling and probation.

Minnesota OFP lawyer, Jennifer Speas takes your case seriously and has the experience to guide you through the process ahead.

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