Orders For Protection And Harassment Restraining Orders
We can help you if you or a loved one is being harassed or is accused of harassment. An order for protection involves former spouses, significant others, parents or siblings living in the same house. Harassment restraining orders (HROs) act in much the same way as orders for protection, except that these do not apply to a family member or someone who lives in the same household. In order to prove an HRO, one must meet specific legal criteria. We can assess the case carefully and advocate for your position.
At Hess & Jendro Law Office, P.A., our family law attorneys can help you file an order for protection or restraining order. While it is not necessary for a lawyer to be involved in matters of domestic violence, we can help provide the needed support during a very difficult time in the life of a family.
Orders For Protection
The Domestic Abuse Act defines domestic abuse as the following conduct:
Physical harm, bodily injury or assault
Infliction of fear of imminent physical harm, bodily injury or assault
Terroristic threats, within the meaning of section 609.713, subdivision 1; or criminal sexual conduct, within the meaning of sections 609.342, 609.343, 609.344, 609.345 or 609.3451; or interference with an emergency call within the meaning of section 609.78, subdivision 2
Minnesota State § 518B.01, subdivision 21
Women’s shelters can often help women complete the paperwork necessary to obtain a protective order against an abusive spouse. Regretfully, for men who are victims of domestic abuse, there is very little in the way of free assistance. Our attorneys have experience working with women’s shelter advocates and helping men get the protection they need without shame or embarrassment.
In an order for protection action, the person requesting protection can ask the court to issue an emergency order prohibiting the alleged perpetrator from entering the joint home and limiting parenting time of minor children. The court has great discretion in granting the requesting party’s requests immediately without hearing the other party’s perspective. This is called an emergency order for protection, and may assist you in obtaining protection without further jeopardizing your safety.
Defense Against These Orders
For those defending against domestic abuse, our office has been successful in advocating for our clients to have the court’s emergency order for protection thrown out by demonstrating to the court that:
- There are facts missing
- Procedures were not followed
- The allegations are simply not true
If granted, an order for protection can negatively impact your ability to obtain child custody rights, live in your home and use or possess firearms. Protect your rights. Contact Hess & Jendro Law Office, P.A., to speak with an attorney who can promptly obtain or defend against an order for protection.
Harassment Restraining Orders
Minnesota Statute 609.748 defines harassment as:
A single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security or privacy of another, regardless of the relationship between the actor and the intended target; targeted residential picketing; and a pattern of attending public events after being notified that the actor’s presence at the event is harassing to another.
Contact Us Today For More Information
If someone is harassing you or falsely accusing you of harassment, it is best to put all the evidence in front of the court. The attorneys at Hess & Jendro Law Office, P.A., have the experience and knowledge it takes to effectively advocate for you, stopping the harassment from the person asking for the harassment restraining order, or defending the person objecting to the Harassment Restraining Order.
Call our office in Elk River at 763-200-6626 or contact us online to schedule an appointment with a lawyer. We work with clients here in Sherburne County, the Twin Cities area and greater Central Minnesota. Initial consultations are free.