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Domestic Abuse
If you fear your spouse may make false claims of abuse against you, in order to get you quickly ordered out of the house, or to gain an advantage in a custody dispute, there are a couple of things you can do to help protect yourself.
A Harassment Restraining Order (HRO) can be obtained by proving: a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target.
The domestic abuse order for protection is only available to the family and household members of the abuser.
Over the past few years, the characteristic ease of obtaining Harassment Restraining Orders and Domestic Abuse Orders for Protection has become common knowledge. By law, the courts are required to provide assistance to persons seeking Harassment Restraining Orders and Orders for Protection. Typically, filing fees
are waived for the petitioner-complainant.
Minnesota courts look at many factors in deciding spousal support amounts. A spouse may be entitled to maintenance if he or she cannot support himself or herself despite any marital property received after distribution. Financial resources, employment, education and the personal circumstances of each spouse are considered. A court examines several factors to determine if maintenance is appropriate, and if so, how much and for how long. They include (1) the duration of the marriage, (2) the standard of living enjoyed during the marriage, (3) each spouse's age and health, (4) each spouse's assets, income or ability to earn income, (5) the time needed for the requesting spouse to receive training or education and obtain sufficient employment in order to support himself or herself and (6) the owing spouse's ability to pay. A court can order temporary support while the divorce is pending. Most maintenance is ordered for a specific length of time. Once maintenance is ordered, it can be modified upon a showing of a substantial change in circumstances.
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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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