Protective Order Attorney in Dakota County
Assisting Clients in Obtaining Restraining Orders in Minnesota
At Martha Sullivan, Attorney at Law, our Dakota County attorney works hard to protect our clients from abuse and/ or the fear of future abuse. We are committed to helping individuals seek safety for themselves and loved ones.
The best legal way to achieve this is to obtain an order of protection from a judge. Our lawyer is knowledgeable in all aspects of this legal action and can effectively guide our clients through the process.
Who Can Seek a Protective Order in Dakota County?
Anyone who feels as if their personal safety is in danger can seek a protective order.
You can seek a protective order from:
- A family member
- A current or former romantic partner
- A current roommate
- A person who is stalking you
- A person who has assaulted you in the past
- A person you share a child with (regardless of relationship status)
How Do I File a Protective Order?
If you are in immediate danger, it’s important you seek help from a law enforcement official. Such a person can help you ensure you remain safe while you begin your legal action.
Additionally, a law enforcement official can request an emergency protective order that goes into effect immediately after it is granted. All other protective orders must be requested in the form of a petition to the court.
This petition must contain an affidavit detailing how the alleged abuser has harmed the petitioner. Our attorney can help you ensure you are filing for the petition that works for your situation. Once you file this petition, the court will set a hearing date where they will decide whether to grant this order or not.
What Are the Types of Protective Orders in Minnesota?
As mentioned above, there is more than one type of protective order a petitioner can seek in Minnesota.
These orders are:
Ex Parte Orders of Protection
If there is evidence of an immediate threat to the petitioner, a judge will grant this order instantly. The term ‘ex parte’ means that a judge bases their decision on the petitioner’s information without the input of the alleged abuser.
This order is commonly granted before a hearing date to prevent the alleged abuser from coming into contact with the petitioner. If the petitioner and alleged abuser live together, the alleged abuser will need to vacate the premises or provide alternate housing for the petitioner while the order is active.
This order can last up to 2 years, depending on the situation.
Full Orders of Protection
Like an ex parte order, a full order of protection may last for up to 2 years. However, if the alleged abuser violates the terms of the order more than twice, or there are prior orders against this person, the judge can grant this order up to 50 years.
If the alleged abuser honors this arrangement for 5 years, they may seek an amendment to the order. However, such an action is usually extremely hard to obtain, and a judge usually requires extensive evidence of their reasoning to even consider granting it.
Contact Our Dakota County Attorney Today
At Martha Sullivan, Attorney at Law, we understand that seeking a protective order may be difficult for some people. Our lawyer is here to not only provide sound legal guidance, but to also provide compassionate advice and services to all our clients.