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When it comes to navigating the court system, things can get complicated. Legal matters can be broadly classified as civil or criminal, and it’s essential to understand the options available to victims of crime and abuse. If you’re seeking justice, exploring the various legal avenues open to you is crucial. Read on to find out more about your legal options and how they can help you.
Civil Cases
In the realm of legal disputes, civil cases typically revolve around conflicts between individuals, corporations, or governmental entities. These cases touch upon a wide range of matters, including property rights and personal rights.
Examples of civil cases include disputes between landlords and tenants, personal injury lawsuits, breaches of warranty on consumer goods, contract disagreements, adoption proceedings, divorce cases, and matters related to wills and guardianship. When it comes to civil cases, the court system provides a platform for resolving these disputes and ensuring justice is served.
Criminal Cases
When it comes to criminal cases, the government takes action against individuals or corporations accused of committing a crime. This is because a crime is seen as an offense against society as a whole.
The prosecuting attorney represents the government as the plaintiff and brings forth the charges against the accused, who is referred to as the defendant. In criminal cases, it is the responsibility of the prosecution to prove the defendant’s guilt beyond a reasonable doubt. It is crucial to remember that the burden of proof lies on the government, and the defendant is not obligated to prove their innocence. The principle of “innocent until proven guilty” stands firm in criminal proceedings.
Protective Orders
What is a Harassment Restraining Order (HRO)?
A harassment restraining order (HRO) is a court order that provides protection from harassment and assault. It can prohibit contact and prevent an abuser from entering your home, workplace, or educational institution. Unlike a criminal court proceeding, an HRO is handled in a civil court proceeding. To qualify for an HRO, the other party must have engaged in repeated unwanted acts, words, or gestures intended to adversely affect your safety, security, or privacy.
How Do I Apply for an HRO?
Applying for an HRO yourself is possible in the county you live in, without the need for an attorney. There is a filing fee of $324.00 for Harassment Restraining Orders, but you may be eligible for a fee waiver if you meet certain criteria.
Detailed instructions and information can be found on the MN Court Forms website. While it is not necessary, having an advocate or attorney can be beneficial throughout the HRO process. If you need assistance, you can contact Someplace Safe.
What is an Order for Protection (OFP)?
An Order for Protection (OFP) is a court order that provides protection from abuse. It orders the abuser to refrain from committing domestic abuse and can involve actions such as removing the abuser from the shared home or prohibiting contact.
Additionally, an OFP can address temporary custody, visitation, child support, spousal maintenance, and property use. Similar to an HRO, an OFP is handled in the family court division of civil court and is not a criminal proceeding.
Who Can Get an OFP?
Family members or household members may request an Order for Protection (OFP). This includes:
- People who are married
- People who used to be married
- People who are related by blood
- People who live in the same home together
- People who have a child together or a pregnancy together
Dating partners (you do not need to have lived together or have a child)
To Protect a Minor:
- If a child under age 18 has been abused, the parent or guardian or another family or household member may apply for an OFP on behalf of the child.
- A reputable adult age 25 or older may apply for an OFP on behalf of a minor, even if that adult is not a family or household member if the court finds that it is in the best interest of the minor.
Minors:
- Minors, age 16 or older, may get an OFP on their own, without a family or household member bringing the case to court, against the spouse, former spouse, or person with whom the minor has a child in common, if the court finds the minor is mature, has good judgment, and it is in the minor’s best interest.
How Do I Apply for an OFP?
You can apply for an OFP without an attorney, and there is no filing fee for the application. You have the option to apply in the county where you live, where the abuser lives, where other family court proceedings have occurred, or where the abuse took place. For detailed instructions and information, visit the MN Court Forms website. If you need support throughout the OFP process, Someplace Safe is available to assist you.
You may apply for an OFP:
- In the county where you live
- The county where the abuser live
- In the county where other family court proceedings have occurred
- In the county where the abuse occurred
Have Questions?
If you have specific questions, please contact your local advocacy office or call 800-974-3359.