Minneapolis Minnesota Order to Show Cause and Temporary Restraining Order

State:
Minnesota
City:
Minneapolis
Control #:
MN-8655D
Format:
Word; 
Rich Text
Instant download

Description

An order for the defendant to appear at a scheduled hearing and show cause as to why certain relief should not be granted to petitioner in a family law matter. Order enjoins defendant from disposing of assets, insurance policies, etc., in anticipation of distribution of these assets at the conclusion of the matter.
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FAQ

An ex-parte order is an order signed by the court solely upon the application of one party without argument from the adverse party. An accelerated hearing is a hearing where the court has waived the 14 day notice requirement required by MN Rules of Practice 303.03.

A Harassment Restraining Order (HRO) is an order signed by a judicial officer (judge or referee) that orders someone to stop harassing you and have no contact, unless allowed in the court order. It is not a criminal proceeding and takes place in civil court.

Anyone seeking an Order for Protection should contact the Hennepin County Domestic Abuse Service Center (DASC) to schedule an appointment at (612)348-5073. Walk-in assistance is available on a limited basis.

How do I contest an order for protection? The respondent can contest an OFP by requesting a hearing before the judge who issued a temporary or ex-parte OFP. At the hearing, both parties can present evidence, including witness testimony, in order to establish whether an OFP is necessary.

To get a temporary restraining order, the Petition must also describe an immediate and present danger of harassment. Because the purpose of the HRO is to protect a person from future harassment, the Petition must include how the petitioner believes that the harassment will continue.

There is no cost to apply for an OFP and no cost to the petitioner for serving the respondent. There is also no cost for the respondent to request a hearing. There is, however, a filing fee to start a harassment case. The fee may be waived under the law depending on what the victim alleges.

As you can see, not only does the statute require a judge to dispose of and file all decisions within 90 days of the date the issue is submitted, but the statute actually states that the judge's salary shall be withheld if he or she has any outstanding orders that have gone beyond the 90 days limit.

Minnesota Restraining Orders Step 1: Fill out the necessary forms and file them in court. Step 2: A judge will review your petition and may grant an ex parte order. Step 3: Service of process. Step 4: The hearing.

Anyone seeking an Order for Protection should contact the Hennepin County Domestic Abuse Service Center (DASC) to schedule an appointment at (612)348-5073. Walk-in assistance is available on a limited basis.

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Minneapolis Minnesota Order to Show Cause and Temporary Restraining Order