Legal Question in Family Law in Minnesota
I will need to obtain a order of protection concerning my daughter to protect her from her biological father when she turns 18 but was advised by authority of the court to wait til she is almost 18 then it should last about a year. He is currently on probation for 5th degree sexual assault against another woman but that woman was an adult and was ordered to stop doing a type of street ministry for the next couple of years as that is how he obtained contact with the woman he assaulted. So after 17 years of basically ignoring my daughter; she became his pet project so to speak and had her doing his quote - unquote ministry for him since it was illegal for him to do so .. being that it was her father and an obedient child my daughter tried to live his way and it almost destroyed her.
Within a few weeks she started to exhibit signs of a trauma/mental breakdown. Within six weeks she finally broke down at school and rushed by ambulance to hospital. Because she cannot remember the time frame they cannot charge him with anything officially but it is suspiciously consistent with him making her his pet project and in that I mean he went from seeing her a couple of times a year and as a rule with her older brother present to seeing her every single day and calling her and spending hours on the phone. He has been physical against her in the past but no police records to validate this. Is the process for order of protection include where I can subpoena witnesses or is there another way.. I need the order of protection for her to allow her time to heal properly and to buy time til his probation runs out and he wont need her the same way so to speak and hopefully will leave her alone then. Any insight to this situation would be valuable.. thank you.
Also she is in no state of mind to testify against him and not sure if she will ever be; Brittney Spears was allowed to not testify in the state of California due to emotional maltreatment will that work in the state of Minnesota?
1 Answer from Attorneys
If she is 18, she must file her own action for a restraining order. She is an adult and as such must file her own action. For a consult call 612.240.8005