Cundy & Paul, LLC - Attorneys at Law
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Domestic Abuse  

Although criminal charges may result from a domestic assault, a request by a party for an Order for Protection due to an act of domestic abuse is a civil proceeding governed by Minnesota Law. Physical harm, infliction of fear or threat of physical harm are all considered forms of domestic abuse. An Order for Protection may be issued to protect an individual and/or children from future harm. Violation of such an Order is considered a crime.

If an Order for Protection is sought, a temporary emergency Order may be issued pending a hearing, which must occur within a prescribed period of time. At the hearing, it will be determined whether a more permanent Order should issue (usually for no less than one year in duration).

Accusations of domestic abuse may have a considerable impact on any subsequent divorce or paternity proceeding. If an accused individual testifies at a domestic abuse hearing, he or she may be potentially giving up the right to remain silent at a subsequent criminal hearing. As a result, whether seeking the protection of the law or defending oneself from an accusation of domestic abuse, it is imperative to consult with an experienced family law attorney to ensure that your rights will be protected.

 

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