Minnesota Affidavit by Victim for Dismissal

State:
Multi-State
Control #:
US-00837
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample affidavit from an alleged domestic abuse victim swearing that the accused was under the influence of medication mixed with alcohol at the time of the alleged incident and requesting that because defendant did not know the harm in mixing the substances, he was not conscious of the wrongdoing and the case should be dismissed. Adapt to fit your circumstances.

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FAQ

File the following forms with court administration: ? Petition for Harassment Restraining Order (HAR102) ? Law Enforcement Information Sheet ? Harassment (HAR103) ? Petitioner's Request to Keep Address/Phone Confidential (HAR104) ?if you want the court to keep your address and/or phone number confidential.

FORM 14 - MOTION TO DISMISS, PRESENTING DEFENSES OF FAILURE TO STATE A CLAIM, OF LACK OF SERVICE OF PROCESS, AND OF LACK OF JURISDICTION UNDER RULE 12.02. The defendant moves the court as follows: 1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted.

Please note that court employees can give general information about court rules, forms, and procedures, but they cannot give legal advice. Step 1: Fill out the Motion form. ... Step 2: Fill out the Affidavit in Support of Motion form. ... Step 3: Serve your Motion and Affidavit on the opposing parties. ... Step 4: Proof of Service.

At the evidentiary hearing, the petitioner is obligated to prove to the court the existence of domestic abuse justifying the issuance of the Order. The respondent has a right to challenge this evidence, cross-examine witnesses, and present evidence and/or witnesses, too.

The following are not available in MCRO, but are available through MPA Courthouse: a. Domestic Abuse (OFP) and Harassment Restraining Order (HRO) case types, which the federal Violence Against Women Act (VAWA) prohibits from displaying on the internet. b.

Ask for Order for Protection: Use these forms if you or your child need protection from a family member or someone who lives in your household who is threatening you, physically hurting you, preventing you from calling 911, or otherwise harming you or your child.

Order for Protection (OFP): An OFP is issued by a judge in court (separate from divorce hearings) and is brought by an individual seeking protection from domestic abuse by a family or household member. There is no fee for an OFP and individuals do not need to be represented by an attorney to request an OFP.

Orders for Protection (OFP) are issued through a civil process at the request of a petitioner. The OFP may be issued to protect the petitioner as well as minor children or others under the guardianship of the petitioner. An OFP is entered in MNCIS and automatically passed to the BCA.

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Minnesota Affidavit by Victim for Dismissal