Minnesota Divorce Lawyer
Domestic abuse has become too common in today’s society. Fortunately, a domestic abuse situation can be handled legally, putting an end to the abuse. As for what it is, domestic abuse occurs when an individual inflicts physical harm on a family member or invokes fear in them. It also occurs when criminal sexual conduct has been committed by a family member. Family members are defined as being children, spouses, a coinhabitant with a child in common, or other relatives living in the home.
Domestic abuse is defined as physical, verbal, or mental abuse. It also includes threats of intimidation. The alleged abuser can be a spouse, a former spouse, a person who you had an intimate relationship with in the past, a blood relative, or the parent of your child.
Temporary Order For Protection
If a person alleges domestic abuse and requests an order for protection, one will be awarded temporarily. However, there will be an evidentiary hearing. The alleged abuser is entitled to this hearing so they can have an opportunity to defend themselves against the allegations. If the order for protection is allowed to stand, then violation of that order has strict penalties.
There are times, however, when domestic abuse cannot be proven and that means the order for protection may be discontinued. If you need an order for protection or you wish to have an attorney by your side at the evidentiary hearing, a Twin Cities divorce lawyer can help you work toward an outcome that is fair to you.
Domestic Abuse Act
In Minnesota, there is what is called the “Domestic Abuse Act.” If domestic abuse takes place, it is the victim’s right to seek protection under this act by acquiring an order for protection. Your Twin Cities domestic abuse lawyer can create a petition on your behalf. A petition can also be created on the behalf of a minor who may be the victim of domestic abuse or a potential victim if a parent has been abused. When this concern of harm is expressed to the court within the petition, the temporary order for protection is issued.
If a permanent order is issued after the evidentiary hearing, then the length of that order will last for two years. Once the order is near its expiration, the party that requested the order can ask for an extension. This extension may or may not be granted, depending upon the reasons behind the request. Typically, the orders are extended if the petitioner has reason to believe they would still be in danger once it expires.
Contact A Twin Cities Divorce Lawyer
If you are the victim of domestic abuse or you have been accused of domestic abuse, you need an experienced attorney working with you through the process. This can be a very emotionally charged time that requires an understanding lawyer. In turn, you need a lawyer who knows the law. Call the Liebmann Law Office today for your free 30 minute phone consultation at 952-882-1227.