Legal Question in Family Law in Minnesota
Mental & Physical Abuse
I am asking this for my neice. She is living with a guy and has just given birth the a baby girl. Her boyfriend is both mentally and physically abusing my neice. He is threatening to take the baby. My neice filed for an OFP order against him, but the judge refused it. What can she do now? He physically abuses her. The thing is that he knows how to do it without leaving marks. She needs help now.
2 Answers from Attorneys
Re: Mental & Physical Abuse
If she were to leave, she must take the child with her. She can then relocate to a safe place and file an action with the court requesting custody. If her boyfriend is truly abusive, she can request that his visitation, if any, be supervised. Please contact me if you would like to discuss this matter further. We offer a free initial consulation.
Re: Mental & Physical Abuse
She needs to leave and move into a safe house. She does not need an Order for Protection to leave. New instances of abuse will support an Order for Protection, but your niece must call the police and document the abuse. In the meantime, you can help her by finding crisis resources for her.
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