It is often not out of the ordinary for couples to argue, which may have you thinking that your quarrels with your spouse or partner are nothing to worry about. For this reason, being served with a protective order following such an incident often seems shocking. Many who have been in similar circumstances have come to us here at the Bauer Law Office questioning how such action could be taken without there having ever been a physical altercation with their partners. In truth, Minnesota state law considers threats or the belief that one fears harm at the hands of their partners as domestic abuse. Such is what could leave you facing the restrictions imposed by a protective order.
Your first thought may be to contact your spouse or partner and try to talk your way through things. The trouble with that is that any contact with them may be seen as a violation of the protective order. Per Section 518B.01 of Minnesota’s Domestic Abuse Act, at the discretion of the issuing court, a protective order can bar you from:
- Any contact made in person, by phone, email or text message, or through a third party
- Seeking out your partner at their home and its surrounding areas
- Remaining in the same residence (if you live together)
A violation of a protective order could leave you facing criminal penalties, and also could negatively impact your position in any subsequent legal proceedings.
The good news, however, is that you can request a hearing to oppose the order. At such a hearing, you can answer any charges made against you. If it believes the order to unwarranted, the court may invalidate it (without its issuance appearing on public records).
More information on answering domestic violence accusations can be found throughout our site.