Friday, December 4, 2020

Domestic violence court orders

In the main, there are two types of court orders:
Non molestation orders.
and
Occupation orders.

The first informs your partner they are not allowed to harass, threaten violence, pester, or intimidate you or your children in any way. The order stops a broad range of negative behavior, such as phone calls, etc. It also prevents you being threatened by any third parties your partner might try and use. Breaking this court order is a criminal offence.

The second (occupation order) is if you must be kept separate from your partner due to the severity of the case, and to protect you. You will need this order to say who can live in the home.
It deals with any of the following:
One of you is ordered to leave the property
You can be ordered to let the other party return to the property
One of you is ordered to keep away from the property
One of you is ordered to stay out of parts of the property.
Courts can also impose.
One of you is ordered responsible for the repair and maintenance of the property
One of you is ordered to pay the mortgage / rent and any other costs;
Determine who can use what and who looks after what in the property.
Court orders will not change who owns the property, to do this you will need to seek a different process that is legally binding.

Domestic violence court cases, what information will I be called to tell?
In non-molestation orders you will have to inform the court about the effect the violence has had on you and your family. At this point it would be good to produce any medical evidence you have, such as reports, letters from your Doctor, or photographs.

In occupation orders, you need more information:
Your housing needs (including children)
What money you may have.
Any health issues you or your partner may have.
How you and your partner act with each other.

The court hearing
Your solicitor should arrange for someone, a solicitor or barrister, to speak for you at court. If you are representing yourself, you will speak directly to the judge. The judge reads out from your statement you made on your form.

Then it is time for your partner to make a reply to what you have said. This may be in writing. A common response from an abusive partner may be an .undertaking., which is a promise about their future conduct towards you. You may also be asked to give an undertaking. The judge can accept the undertaking, but they do not have to. If they feel it will protect you in future they will accept it.

After both sides of the story are heard the Judge will set terms on which the court accepts the undertakings.

Your partner may not be at court for various reasons:
The papers may not have been served on them as of yet, due to the emergency status of the case.
They may just not turn up to court.
Your partner may not be able to be traced for whatever reason.
Occupation orders are not usually served if your partner has not turned up to court.

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ᐅ Domestic Violence Registry – Minnesota (MN)

ᐅ Domestic Violence Registry – Minnesota (MN)