Order For Protection (OFP) 

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  • Petition for Order for Protection. OFP hearing, OFP trial, dismiss OFP, modify OFP. Mistake, Exaggeration, Angry. Perjury, Lying. Need to change police report
  • Fear of bodily harm, terrorism, stalking
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Domestic violence, emotional abuse. Perpetrator/Abuser, Victim. Cycle of violence. Alcohol, Drugs. Mental illness, great stress. False accusations, mistake, exaggeration

  • ​​An ORDER FOR PROTECTION ('OFP') happens in civil court, not criminal court.  Because I often help people who are having very serious domestic abuse & violence issues, OFPs are a common part of my daily work.
  • Some general principles are:
    • OFPs may involve people who are in romantic relationships, or parent & child. The people may, or may not, be living together.  (OFPs are not for problems between neighbors - those are Harassment Order ('HRO'/'HO') matters.  
    • OFPs involve physical violence, threat of physical harm, terroristic threats
    
MN courts place very high priority on OFP cases, and MN law requires they be decided as quickly as possible.
  • I help my clients prepare legal papers to request an OFP. I may be asked to help ether the Petitioner or the Respondent.
  • OFPs involve people who are very upset. 911 has often been called - in many cases, police have been involved multiple times in the past, too. The Petitioner is usually very scared; some victims, survivors, need to go into hiding, stay in a women's shelter
  • Respondents to OFPs often are very angry; and if you are the Respondent, one worry may be that you will lose your job if an OFP is issued. The Respondent may own firearms & may have a Conceal & Carry ('C&C') permit.   If the OFP involves parents who are in a rough relationship or who are divorcing, a subset of Petitioners are known to try to obtain OFPs as a way of getting sole custody of the kids.
  • Often one or both of the people have been using alcohol, or other drugs, and 911 gets called, either by one of the two, or by someone else such as a neighbor.
  • OFPs always involve someone who is under a great deal of life stress or otherwise experiencing mental health distress
Safe At Home program I plan to write about this subject in future posts.

​Legal question: I divorced in Wisconsin last year but am now living in Minnesota. Can I get custody in Minnesota?
Attorney Tricia Dwyer's answer: Hello.This is a partial reply - please have private help, as appropriate for your personal situation. If I were assisting you, I'd need to know fuller details. A first question is always finding out if there is any present or past domestic abuse, which can be physical, but definitely not necessarily. Is there any emotional wellbeing concern about the child? Is parent or child, or both, scared? In danger? Trying to hide? A starting point may be reviewing the existing legal paperwork. Sometimes more than one state may be possible 'venues' (court systems) to address custody; an example would be if a couple divorced very recently but both quickly moved to another state, or states.
Legal question: Can I be made to testify against my own brother? I'm scared I'll wind up beaten to a pulp or worse.
Attorney Tricia Dwyer's answer: If you are a witness to the crime or otherwise have important knowledge, the state (prosecution) may subpoena you. I've had multiple clients who are living in very real fear. If you're in fear for your physical safety or that of other loved ones, I urge you to have help aimed at keeping you and your loved ones safe.

Legal question: My ex- texted she got an Harassment Order against me & she's picking up & taking my son's baseball stuff. She did this a month ago with a lawyer & it got dismissed.  I've not been served-can she do all of this?
Attorney Tricia Dwyer's answer: Excellent questions. Unless there's some extenuating circumstance, I suggest you phone the Sheriff & arrange to receive those papers (i.e., 'be hand-served'). You ask, 'Can she do this?'. The short answer is she did do it. If the child needs things such as school book or team sport equipment, written in the temporary court Order that Mom can pick those up for the child; based on what you described, I'd think you'd want to set those outside for her & not have any contact. If I were advising you what's best to do about the court lawsuit, I'd talk with you to learn fuller facts before giving you legal advice; you do not at all necessarily need to 'fight'.

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