1. Orders for Protection
Adjunct Professor Monica Bogucki, B.S.W., J.D., 2016 copyright Monica Bogucki

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

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

4. 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)

5. 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

6. 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

7. 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

8. 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 Subd.1
Criminal sexual conduct in the first degree, Minn. Stat
Criminal sexual conduct in second degree, Minn. Stat

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

10. 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

11. 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

12. Relief-continued No contact order In person By telephone
By Third Party
By electronic means
By Mail
Or any other means

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

14. 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 (15)

15. 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

16. 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?

17. 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?

18. 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.

19. 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.

20. 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?

21. Order for Protection Exercise
Fill out OFP Petition