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State Message Forums => Minnesota State Forum => Topic started by: spinner on Dec 04, 2003, 08:46:51 PM

Title: how do I file a restraining order?
Post by: spinner on Dec 04, 2003, 08:46:51 PM
Ok so my ex mom assaulted me tonight while I was picking up my kid.
I am calling ther child abuse but the cops said to get a restraining order I have to file with the couinty ?!?!?
How?
Where, her county where it happened or mine where I live?

Thanks for help
Title: Here's a link to the forms, etc.
Post by: lucky on Dec 05, 2003, 09:11:14 AM
that you can download, fill out and file.

[a href=http://www.courts.state.mn.us/ctforms/harassment_index.asp]Harassment Restraining Order forms[/a]

As far as I know, you can file in either county but I would call court administration of your county to find out for sure.
Title: Update
Post by: spinner on Dec 08, 2003, 01:57:05 PM
turns out it's preaty easy to file for harasment restraining order.
went to the county family court and filed.
245$ GLOUPS but well spent
the emergency order was denied but a court date was set

takes from 2 to 3 hours though

The other thing to know is that some county won't do it the same day and give you an appointment for the next day
Title: what happen at the earing?
Post by: spinner on Dec 08, 2003, 05:14:28 PM
Ok so I have a court date to try to get my restraining order.

I have a witness, my GF/ house mate, how does it go? what do I have to do that day at court ?
is it like trial, I have to call witness (my GF) ask her question and then make my statement?
Title: RE: what happen at the earing?
Post by: lucky on Dec 08, 2003, 06:05:22 PM
I had several of those with dh's pbfh.  They suck.  Basically, you have to present your case as to why you need it.  She needs to present her case as to why you shouldn't get it.

Bring witnesses -- whether or not they'll be allowed I don't know.  From what I went through, it seems as if it's up to the judge.  Also, in some hearings, we were sworn in individually and sat in the witness box, in others, we were both sworn in at the same time and sat at the counselor tables.

You need to make your case -- that you're afraid that she'll assault you again and that you are concerned for your welfare as well as that of your child's.  What if she goes after you while you're holding your child?

That's about the best that I can tell you, spinner.  You CAN have an attorney I believe if you want to spend the money.  SHE might, I know when pbfh#2 filed one against dh, we hired an attorney to fight it.
Title: RE: what happen at the earing?
Post by: spinner on Dec 09, 2003, 01:04:41 PM
she did while my son was in my arms.

Thanks for the info, I'll live and see :)