Orders for Protection Adjunct Professor Monica Bogucki, B.S.W., J.D., 2018 copyright Monica Bogucki

Minn. Stat. § 260C.007, Subd. 13. Domestic Child Abuse. Orders for Protection Minn. Stat. 518B.01 et. seq. Minn. Stat. § 260C.007, Subd. 13. Domestic Child Abuse.

Orders for Protection Minn. Stat. 518B.01 et. seq. No filing fee for petitioners or respondents

Standard of Proof in OFP Preponderance of the evidence is the standard of proof. Oberg v. Bradley, 868 N.W.2d 62 (Minn. Ct. App. 2015) Battered Women’s Legal Advocacy Project, 2016 Annual New Laws Training

Who can bring an Order for Protection? Spouses and former spouses Parents and children Persons related by blood Persons who are presently residing together or who have resided together in the past Persons who have a child in common regardless of whether they have been married or lived together at any time Minn. Stat. 518B.01 subd. 4(a) Minn. Stat. 518B.01 subd. 2 (3)(b)

Continued A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time Person involved in a significant romantic or sexual relationship A person who is at least sixteen can file an OFP against a spouse or former spouse A person who is at least sixteen can file an OFP against a person with whom the minor has a child in common

Parents and children If a parent brings an order for protection against a child, the parent should find an alternative safe living arrangement for the child. If parent does not find alternative living arrangement, it may be neglect. See also Minn. Stat. 260C.007

Child bringing an order for protection against a parent The following individuals can petition for a child An adult family or household member Guardian Reputable adult age 25 or older Minn. Stat. 518B.01 subd. 4 May request that a Guardian ad Litem be appointed to assist in OFP filing

Domestic abuse is: Minn. Stat. 518B.01, subd. 2 (a) Physical harm, bodily injury, or assault Infliction of fear of imminent physical harm, bodily injury, or assault Terroristic threats, Minn. Stat. 609.713. Subd.1 Criminal sexual conduct in the first degree, Minn. Stat. 609.342 Criminal sexual conduct in second degree, Minn. Stat. 609.343

Domestic abuse continued Criminal sexual conduct in the third degree, Minn. Stat. 609.344 Criminal sexual conduct in the fourth degree, Minn. Stat. 609.345 Criminal sexual conduct in the fifth degree, Minn. Stat. 609.3451 Interference with an emergency call , Minn. Stat. 609.78, Subd. 2

Relief Restrain abuser from committing acts of domestic abuse Exclude abuser from the home and area surrounding the home Temporary custody-between parents Visitation, including supervised visitation Child support Counseling, and treatment Minn. Stat. 518B.01 subd. 6

Continued Order parties not to transfer property, encumber property, .... Exclude abuser from petitioner’s place of employment Restitution Order insurance to continue Minn. Stat. 518B.01, subd. 6

Relief-continued No contact order In person By telephone By Third Party By electronic means By Mail Or any other means Minn. Stat. 518B.01, subd. 6

Relief Court can order other relief as it deems necessary. Minn. Stat. 518B.01, subd. 6(13)

continued Order is effective for up to two years and can then be renewed. The judge can issue an order for a longer period of time if it is appropriate. Minn. Stat. 518B.01 subd. 6 (b)

Custody A parent may petition for custody of a child through an order for protection Alternatives to transfer of custody: If the child is older, allow the child to live independently Allow the child to live in a safe home Allow the child to live with an adult

Mary, a sixteen-year-old young woman, has come to your office Mary, a sixteen-year-old young woman, has come to your office. She has been physically abused by her mother, Joan. After talking with Mary, she has decided she would like to file for an Order for Protection. She would like to live independently. She has no one who can bring the Order for Protection for her, what can she do?

Your client, Marie is a grandmother of two young grandchildren, Helen who is four-years-old and Brian who is two-years-old. Marie has told you that her grandchildren are being physically abused by their mother, Margaret. What can Marie do?

Your client is John, a sixteen-year-old young man Your client is John, a sixteen-year-old young man. John's mother, Jenny, brought an Order for Protection against John. Jenny states that John hit her with a broom when they were fighting. Jenny has requested a restraining order against John. John does not know where he is going to live; Jenny did not make alternative living arrangements for him.

Joann is a seventeen-year-old girl who is living with her mother, Eileen, and her mother's boyfriend, Dennis. Dennis has been living in the home for about two years. He started to sexually abuse Joann about six months after he moved into the home.

The sexual abuse happens at least once a week The sexual abuse happens at least once a week. She's tried talking with her mom but her mom will not listen. Joann is staying at her maternal grandmother's house. Her grandmother is willing to take her in and wants to protect her from Dennis. Eileen has never hit or hurt Joann. Eileen refuses to leave her boyfriend. What can Joann do?

Order for Protection Exercise Fill out OFP Petition http://www.mncourts.gov/

MFIP-Family Cash Assistance A person receiving MFIP benefits may request a Family Violence Waiver from her financial worker. If granted this Family Violence Waiver, then the month does not count towards the five-year time limit. A person cannot be required to get an OFP to get a Family Violence Waiver