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Order For Protection (defending)
(THIS INFORMATION HAS NOT BEEN REVIWED OR EDITED SINCE 2018. USE WITH CAUTION)
When defending an Order for Protection review the statute (518b.01)
Some of the highlights and pitfalls are:
- must include Physical Harm,bodily injury, assault OR
- he infliction of fear of imminent physical harm OR
- Terroristic threats, crim sex or interference with 911 call.
- MUST BE A FAMILY MEMBER/Household member
- spouse
- former spouse
- parents
- housemates/roommates (romantic issues not required)
- can be filed in either county
- IF no experate then
- hearing within 14 days.
- exparte
- if declined hearing due in 7 days.
- respondent can request a 5 day contincunce if the notice is less than 5 days (burden is on petitioner to show compelling reason not to grant the continunace)
- if ordered and request made
- within 10 days
- court serves the notice of the hearing and rquest
- court can kick it out 5 days
- good cause and it can be continued 5 days..but order stays in effect
- if declined hearing due in 7 days.