This is an official Minnesota court form for use in an order for protection case, a Domestic Abuse Instruction Sheet - Respondent. USLF amends and updates these forms as is required by Minnesota Statutes and Law.
Minnesota Domestic Abuse Instruction Sheet - Respondent
State:
Minnesota
Control #:
MN-OFP201
Format:
PDF
Instant download
Description
Definition of Domestic Abuse
Domestic abuse is defined under Minnesota law as any conduct between family or household members that involves:
- Actual physical harm or the threat of imminent physical harm.
- Terroristic threats, including threats of violence.
- Criminal sexual conduct.
- Interference with an emergency call.
Family or household members include married persons, those who have lived together, and individuals sharing a child or significant romantic relationship.
How to Request a Hearing
If you wish to contest an Order for Protection (OFP), you have the right to a hearing. To request one, you must do so within five calendar days of receiving the papers. Fill out the 'Request for Hearing' form (OFP202) and file it with the court administration in the relevant county.
You can find the address of court administration on the 'Notice of Filing of Order.' Remember, if you fail to attend the scheduled hearing, the court may grant the OFP against you.
Who Should Use This Form
This instruction sheet is intended for respondents who have been served with an Order for Protection (OFP) in Minnesota. This applies to individuals who are facing allegations of domestic abuse and wish to understand their rights and options.
Key Components of the Form
The Minnesota Domestic Abuse Instruction Sheet outlines essential information that every respondent should be aware of, including:
- Definitions of domestic abuse and key terms.
- Steps to request a hearing and implications for failing to attend.
- Contact information for legal assistance and resources.
Common Mistakes to Avoid
When dealing with an Order for Protection, it's important to avoid these common mistakes:
- Failing to request a hearing within the specified timeframe.
- Not updating the court with your address if you move.
- Ignoring the need for legal representation or advice.
Legal Context and Use
This form is crucial in the context of domestic abuse proceedings in Minnesota. It informs respondents of their rights, the legal process, and available resources. Understanding this form is vital for navigating legal challenges effectively.
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FAQ
Only a judge may order the removal of a DANCO. If you want to have a DANCO removed, you need to work with a Minnesota criminal defense attorney who can file a petition with the court on your behalf. An attorney can advise you on the process, and how to navigate the court system without violating the existing DANCO.
For you to drop the Order for Protection, you will have to file a form with the court in which you ask the judge to drop it. The form is available through the Minnesota Judicial Branch website and is called "Affidavit and Order for Dismissal." Here...
The petitioner will not violate the law by contacting you, though you can get in trouble if you continue that contact... it doesn't matter what the petitioner does, ignore them and walk away or you could get criminal charges. The petitioner can ask the court to remove any order of protection at any time.
A "no contact order" is a type of order usually issued by a judge in criminal court that orders the criminal defendant not to have contact with someone. There can be both a "no contact order" and a Harassment Restraining Order.
If it is a no contact order as a condition of bond, pending further hearing on a criminal charge, only the court can dismiss such an order. You can request that it be dismissed, or at least modified to allow contact of a non-assualtive nature.
A criminal no contact order will typically prevent the defendant from any contact with the victim or witnesses. The defendant will not be permitted to contact the victim or witnesses in person, via telephone, email, text messages, written mail, or through third party contact.
A DANCO (Domestic Abuse No Contact Order) is a court Order that prohibits you from having contact with a family or household member who is an alleged victim of the offense. This could include your spouse or significant other, children, roommate, or parents.
Write the reasons you want terminate the order. You may want to keep the order but ask that certain parts of it be dropped. You can ask that the stay away and no contact parts of the order be dropped, but still keep the parts of the order that say the other person can't abuse you.
An OFP usually lasts for 2 years. If the OFP is violated or more abuse happens, you can get it extended. Also, if there have been 2 or more OFPs or Restraining Orders against the abuser or if the abuser has violated the order more than twice, the court can make an order last for up to 50 years.