Wiliams Divorce & Family Law Logo

CAN WE HELP?Request your free 30 minute consultOR CALL US AT 651-332-7650

  • Home
  • Our Staff
    • Attorney Gerald O. Williams
    • Paralegal Jocelyn Daul
  • Practice Areas
    • Alimony
    • Child Custody
    • Child Support
    • Collaborative Divorce
    • Divorce
    • International Custody
    • Interstate Custody
    • LGBTQIA+ Divorce & Custody
    • Mediation
  • Billing
    • Billing FAQ
    • Flat Fee Divorce
  • Blog
  • Clients
    • Making Payments
  • About Us
    • Contact Us
    • Directions to Williams Divorce and Family Law
    • Resources
    • Privacy Policy

Domestic Abuse Order for Protection Proceedings

Posted by Gerald Williams 
· December 4, 2008 
· No Comments

When a domestic abuse case comes before the family court, the responding party has three choices: 

1. Admit the allegations of abuse (resulting in issuance of the requested Order for Protection);

2. Deny the allegations and proceed with an evidentiary hearing (usually scheduled for a day one to two weeks later, but occasionally takes place later the same day of the admit/deny hearing);

3. Deny the allegations, but assent to the issuance of the Order for Protection.  In this instance, the court enters the Order for Protection without a finding of abuse, and the Order pre-empts future contact and/or abusive actions without regard for what happened in the past.   

If there is an evidentiary hearing, the court considers the testimony of both parties, and any other witnesses or evidence, and decides whether to issue the Order for Protection.

If there are pending marriage dissolution or child custody proceedings involving the same family, the district court judge in the domestic abuse action will usually give consideration to that, and narrowly tailor the provisions of any Order for Protection so that the dissolution or custody proceedings are not impacted greatly by the domestic abuse action.

The advantages of assenting to the Order include avoiding the airing of "dirty laundry" at an evidentiary hearing, as well as the risk of the court deciding in favor of the petitioning party.  The disadvantages of assenting to the Order include the concern of violating the terms of the Order (even inadvertantly), and the chilling effect that such an Order has on communication if the parties have minor children and/or if the parties are negotiating the terms of their marriage dissolution.    
No Comments
Categories : General Family Law
Previous Post →
← Next Post

Leave a Reply Cancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Recent Posts

  • Child Support and Alimony Arrears
  • Spousal Maintenance Payments Are Not Deductible From Taxable Income
  • Interesting Perspective on Divorce, Mediation and Collaborative Law
  • Independence of Provisions for Parenting Time and Child Support
  • Name Change in Divorce

Categories

  • Alimony / Spousal Maintenance (8)
  • Child Custody (42)
  • Child Support (21)
  • Co-parenting (1)
  • Court of Appeals (2)
  • Divorce (45)
  • Financial Issues (2)
  • General Family Law (53)
  • Guardian ad litem (6)
  • Interstate issues (2)
  • LGBTQIA Divorce (5)
  • Mediation (5)
  • Mental Health (3)
  • Parenting Plans (1)
  • Parenting Time (17)
  • Parenting time expeditor (3)
  • Uncategorized (37)
  • Uncontested Divorce (6)
Copyright © 2025 Williams Divorce & Family Law All Rights Reserved. | Privacy Policy

The content of this website is for general informational purposes only and does not constitute legal advice or an attorney-client relationship. To establish an attorney-client relationship with Williams Divorce & Family Law requires a retainer agreement signed by you and attorney Gerald O. Williams.

Minnesota divorce attorney, Gerald O. Williams, represents clients in divorce and family law primarily in the communities of Woodbury, St. Paul, Minneapolis, Eagan, Inver Grove Heights, Cottage Grove, Maplewood, Oakdale, Lake Elmo, and Stillwater, as well as the greater seven county metro area including Washington, Ramsey, Hennepin, Dakota, Anoka, Scott, and Carver.