When there is an immediate threat of domestic abuse in Minnesota, the court may grant what is called an ex parte order (aka an emergency order) for protection and grant relief to the threatened individual in a way that the court deems proper.
The Minnesota ex parte order provides the following:
- Restrains the abusing party from committing acts of abuse
- Restrains the abusing party from entering a shared residence or the residence of the other party unless allowed to some extent by further court orders
- Restrains the abusing party from entering the place of employment of the petitioner
- Restrains the abusing party from having any kind of contact with the petitioner, whether over the telephone, postal mail, email, through a third party, or in person
- The abuser may be ordered to continue insurance coverage without change in coverage and without changing beneficiary information
Length Of Minnesota Ex Parte Orders
An ex parte order in Minnesota is effective for a fixed period of time that is set by the court. The order may also be modified or vacated by the court, but it is effective until then. It goes into effect as soon as a referee signs the ex parte order.
A hearing must take place and this hearing can be requested by the petitioner. If the petitioner does not request a hearing, the respondent will receive notice that he or she can request a hearing. If a hearing is not requested, the order will expire.
Ex Parte Orders Versus Other Protection Orders
The ex parte order in Minnesota is different than other orders of protection because it involves only one party. Without notice to the other party, the order can be put in place to protect the petitioner from any violence that could occur at the hand of the accused abuser.
Minnesota Divorce Lawyer
If you find that you need an ex parte order, you may wish to have an attorney by your side. A Minnesota ex parte attorney can help you understand your rights and can guide you through the process of getting an ex parte order against an abuser. Your protection is very important, so let us help. You should not have to live in fear.