Minnesota Divorce Start Your Divorce Find Professionals Minnesota Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Minnesota Products Divorce by County
Recent Article List
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.
When custody is in dispute, a Minnesota court issues a custody order that is in the "best interests of the child." Joint custody will only be awarded if parents have shown the court that they are willing and able to cooperate. A court also examines several factors with the child's welfare in mind. They include (1) the child's preference, (2) each parent's health, (3) the child's health and whether any special needs exist, (4) each parent's relationship with the child, (5) which parent has been the child's primary caretaker, (6) each parent's ability to provide a stable environment for the child, (7) any history of domestic violence or child abuse and (8) any allegations of abuse.
Established in 1996
© 1996 - 2021 Divorce Source, Inc. All Rights Reserved.