Legal Question in Civil Litigation in Minnesota

Civil case Order for protection

Original order was put in place in October 2008 with no evidence or prior abuse.

Term was six months.

This was from the Judge who was doing the dissalution of marriage.

They had the order exstended three times and it finally was going to exspier May 5th 2010

My ex filed to have the o,f,p exstended for two more years.

I was never served or notified of the hearing and the judge granted a five year exstension.

I was served with the new decisson of the courts and i contested it.

On Tuesday i finally got a differant judge to here the case and he vacted the five year exstenison which i asked for .

My affidavid sited a case from the applette courts stating. Proper notice of service must be completed by either service from the sherriff or a certified letter of mailing before a public publication can be performed If a certified letter of mailing wasnt done and a pubication was then its concidered fraud of notice and the O,F,P must be vacted in its entierty

The new Judge agreed with my finding and vacated the the five year exstenton decisson on the five year exstension.T

Then the juidge scheduled a new court date so that the origial .Judge could make the decisson on regranting the five year exstenion or not. The judge also exstended the origal ofp until we are heared from the Judge who grated it.

So my question is?

Is this proper procedure?

Id think after he vacted the five year exstenion the order is vacated and thats it.

The next step moving forward. Shouldnt the Pettioner have to plea with the appelate court now

and not the original Judge?

with


Asked on 8/05/10, 1:20 am

1 Answer from Attorneys

It appears the extension was vacated due to improper service (or notice), and not on the merits of the application for extension for the Order for Protection. Therefore, the only appealable issue for your ex-wife would be the improper service. You now have (or will have) proper notice of the up coming hearing and can properly contest the facts in the application. Even if the Order for Protection was vacated in its entirety for improper notice, I do not believe a judge would stop your ex-wife from filing another application for another OFP. It is probably in your best interest that she not appeal due to the costs and expenses involved in appealing any ruling, order, etc.

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Answered on 8/10/10, 1:22 pm


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