Legal Question in Family Law in Minnesota
Ex Parte Order For Protection
On August 10th 2000 the police came to my home and told me that I had five minutes to leave my home. I had no idea what was going on. Without even giving me a reason why I was being told to leave they said ''get a suitcase and get your personal items together, now you have four minutes''. This is a sick system that we are dealing with here. I was a very good father to my daughter and a good husband to my wife. After I was outside I was handed this Ex Parte Order For Protection and told not to go near my wife and daughter. I had no idea this was comming, in fact my wife and I had lunch the day before and had just returned from vacation the month before. This system we are dealing with is clearly on the side of women. I would like to know why all a woman has to do is say I am affraid of my husband, even without there ever being any abuse at all the courts will throw the unknowing father out of his home! This cost my wife nothing at all. She has my daughter and everything I worked so hard for, all because she lied. I also need to pay her child support!! I have no problem supporting my daughter but not under this type of case should I be the one to pay.
1 Answer from Attorneys
Re: Ex Parte Order For Protection
You didn't ask a question, so this is not an answer to one. This is more of an editorial.
You are not alone. It is a well known fact that the domestic abuse law in Minnesota is abused on a regular basis. The judges and referees are in a tight spot. No one wants to be the person who said no to an order and who then winds up in the newspaper as part of a story about someone who was killed or seriously injured. There is a tendency to give these matters the benefit of the doubt in favor of the victim.
The domestic abuse statute should not be used merely as a short cut in starting a divorce, yet it is quite regularly. You didn't really ask a question, but you ventilate a real problem.
As an individual you can't do much about it. I suggest you look into what lobbyist groups are out there who might share your interests. The only place this can be changed is the legislature, and the changes will have to be done very carefully. Domestic abuse is a real problem too.
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