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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 is a no-fault only state. The divorce petition must state either that the parties have been living separate and apart for 180 days or more or that there is "serious marital discord" with no chance of reconciliation. All fault grounds, such as adultery, cruelty and insanity are no longer recognized in Minnesota.
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