Order For Protection (OFP)
MN courts place very high priority on OFP cases, and MN law requires they be decided as quickly as possible.
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'.
Send a private message now (include name of other adult involved).