On Wednesday, January 31, 2018, the Minnesota Supreme Court issued a ruling changing a key component of domestic abuse law. Since 1988, when a person wanted to obtain a domestic abuse order for protection (OFP), the petitioner needed to establish that “physical abuse, bodily harm, or assault” had been “present” or “imminent.” Under this standard, if the court determined that abuse was not present or imminent (too far in the past), the court would not issue an order.
In its new ruling, the Minnesota Supreme Court changed that long-standing rule. In interpreting the domestic abuse state, the Supreme Court ruled a person who wants to obtain an OFP only needs to show “that ‘physical harm, bodily injury, or assault’ has occurred, regardless of when it occurred.” The court ruled that even if the alleged domestic abuse occurred years ago, it could be a basis to issue an OFP.
The Court did note that this ruling will not create absurd results for abuse that occurred long in the past because the court stated that a judge still has discretion about issuing an order and can find that abuse may have occurred, but that an OFP is not necessary
This ruling reinforces the importance of consulting with an experienced domestic abuse attorney. An OFP can have many unforeseen consequences such as work or school conflicts, effects on child custody, or gun rights. If you find yourself on the receiving end of an order for protection, please contact an experienced domestic abuse attorney.