Presentation is loading. Please wait.

Presentation is loading. Please wait.

Orders for Protection Adjunct Professor Monica Bogucki, J.D., 2012 copyright Monica Bogucki Adjunct Professor Monica Bogucki, J.D., 2012 copyright Monica.

Similar presentations


Presentation on theme: "Orders for Protection Adjunct Professor Monica Bogucki, J.D., 2012 copyright Monica Bogucki Adjunct Professor Monica Bogucki, J.D., 2012 copyright Monica."— Presentation transcript:

1 Orders for Protection Adjunct Professor Monica Bogucki, J.D., 2012 copyright Monica Bogucki Adjunct Professor Monica Bogucki, J.D., 2012 copyright Monica Bogucki

2 Orders for Protection Minn. Stat. 518B. et. seq. Minn. Stat. § 260C.007, Subd. 13. Domestic Child Abuse.

3 Orders for Protection Minn. Stat. 518B et. seq. Minn. Stat. 518B et. seq.

4 Who can bring an Order for Protection? Spouses and former spouses Spouses and former spouses Parents and children Parents and children Persons related by blood Persons related by blood Persons who are presently residing together or who have resided together in the past Persons who are presently residing together or who have resided together in the past Persons who have a child in common regardless of whether they have been married or lived together at any time Persons who have a child in common regardless of whether they have been married or lived together at any time Minn. Stat. 518B subd. 4(a) Minn. Stat. 518B subd. 4(a) Minn. Stat. 518B subd. 2 (3)(b) Minn. Stat. 518B subd. 2 (3)(b)

5 Continued A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time Person involved in a significant romantic or sexual relationship Person involved in a significant romantic or sexual relationship Id. Id.

6 Parents and children If a parent brings an order for protection against a child If a parent brings an order for protection against a child The parent should find an alternative safe living arrangement for the child. The parent should find an alternative safe living arrangement for the child. If parent does not find alternative living arrangement, it may be neglect. If parent does not find alternative living arrangement, it may be neglect.

7 Child bringing an order for protection against a parent An adult family or household member An adult family or household member Guardian Guardian Reputable adult age 25 or older Minn. Stat. 518B.01 subd. 4 Reputable adult age 25 or older Minn. Stat. 518B.01 subd. 4 The following individuals can petition for a child

8 Domestic abuse is: Minn. Stat. 518B.01, subd. 2 (a) Physical harm, bodily injury, or assault Physical harm, bodily injury, or assault Infliction of fear of imminent physical harm, bodily injury, or assault Infliction of fear of imminent physical harm, bodily injury, or assault Terroristic threats, Minn. Stat Subd.1 Terroristic threats, Minn. Stat Subd.1 Criminal sexual conduct in the first degree, Minn. Stat Criminal sexual conduct in the first degree, Minn. Stat Criminal sexual conduct in second degree, Minn. Stat Criminal sexual conduct in second degree, Minn. Stat

9 Domestic abuse continued Criminal sexual conduct in the third degree, Minn. Stat Criminal sexual conduct in the third degree, Minn. Stat Criminal sexual conduct in the fourth degree, Minn. Stat Criminal sexual conduct in the fourth degree, Minn. Stat Criminal sexual conduct in the fifth degree, Minn. Stat Criminal sexual conduct in the fifth degree, Minn. Stat Interference with an emergency call, Minn. Stat , Subd. 2 Interference with an emergency call, Minn. Stat , Subd. 2

10 Relief Restrain abuser from committing acts of domestic abuse Restrain abuser from committing acts of domestic abuse Exclude abuser from the home and area surrounding the home Exclude abuser from the home and area surrounding the home Temporary custody-between parents Temporary custody-between parents Visitation, including supervised visitation Visitation, including supervised visitation Child support Child support Counseling, and treatment Counseling, and treatment Minn. Stat. 518B.01 subd. 6 Minn. Stat. 518B.01 subd. 6

11 Continued Order parties not to transfer property, encumber property,.... Order parties not to transfer property, encumber property,.... Exclude abuser from petitioner’s place of employment Exclude abuser from petitioner’s place of employment Restitution Restitution Order insurance to continue Order insurance to continue Id. Id.

12 Relief-continued No contact order No contact order In person In person By telephone By telephone By Third Party By Third Party By electronic means By electronic means By Mail By Mail Or any other means Or any other means

13 Relief Court can order other relief as it deems necessary. Court can order other relief as it deems necessary.

14 continued Order is effective for up to two years and can then be renewed. Order is effective for up to two years and can then be renewed. The judge can issue an order for a longer period of time if it is appropriate. The judge can issue an order for a longer period of time if it is appropriate.

15 Custody A parent may petition for custody of a child through an order for protection A parent may petition for custody of a child through an order for protection Alternatives to transfer of custody: Alternatives to transfer of custody: If the child is older, allow the child to live independently If the child is older, allow the child to live independently Allow the child to live in a safe home Allow the child to live in a safe home Allow the child to live with an adult Allow the child to live with an adult

16 Mary, a sixteen-year-old young woman, has come to your office. She has been physically abused by her mother, Joan. After talking with Mary, she has decided she would like to file for an Order for Protection. She would like to live independently. She has no one who can bring the Order for Protection for her, what can she do? Mary, a sixteen-year-old young woman, has come to your office. She has been physically abused by her mother, Joan. After talking with Mary, she has decided she would like to file for an Order for Protection. She would like to live independently. She has no one who can bring the Order for Protection for her, what can she do?

17 Your client, Marie is a grandmother of two young grandchildren, Helen who is four- years-old and Brian who is two-years-old. Marie has told you that her grandchildren are being physically abused by their mother, Margaret. What can Marie do?

18 Your client is John, a sixteen-year-old young man. John's mother, Jenny, brought an Order for Protection against John. Jenny states that John hit her with a broom when they were fighting. Jenny has requested a restraining order against John. John does not know where he is going to live; Jenny did not make alternative living arrangements for him.

19 Joann is a seventeen-year-old girl who is living with her mother, Eileen, and her mother's boyfriend, Dennis. Dennis has been living in the home for about two years. He started to sexually abuse Joann about six months after he moved into the home.

20 The sexual abuse happens at least once a week. She's tried talking with her mom but her mom will not listen. Joann is staying at her maternal grandmother's house. Her grandmother is willing to take her in and wants to protect her from Dennis. Eileen has never hit or hurt Joann. Eileen refuses to leave her boyfriend. What can Joann do?

21 Order for Protection Exercise Fill out OFP Petition Fill out OFP Petition


Download ppt "Orders for Protection Adjunct Professor Monica Bogucki, J.D., 2012 copyright Monica Bogucki Adjunct Professor Monica Bogucki, J.D., 2012 copyright Monica."

Similar presentations


Ads by Google