Minneapolis, MN asked in Criminal Law, Family Law and Domestic Violence for Minnesota

Q: Ex husband contesting OFP I filed on behalf of daughter. Do I need a lawyer for the hearing?

An OFP was requested against my ex husband as there is a pending dom assault charge against my 13 year old daughter. He is requesting a hearing to contest, he has a lawyer and character witnesses. I have had a guardian ad litem visit my home to talk with daughter, CPS visited my daughter at school and now they are coming to my home this afternoon to meet with me and my son (from my current marriage). Do I need a lawyer for the hearing?

2 Lawyer Answers
Luke Neuville
Luke Neuville
PREMIUM
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: You’re not required to have a lawyer but I would recommend it. When your petitioning the court for an OFP you must prove that domestic abuse has occurred by a family or household member. When requesting an OFP on behalf of a minor child, you must show abuse against the child as well. It is helpful to have an attorney assist with cross examination and presenting the legal arguments to the judge.

1 user found this answer helpful

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: It's better to be represented by a lawyer for any court proceeding, than to be unrepresented. This is even more apparent where the opposing party is represented by a lawyer. However, there is no legal requirement to be represented by a lawyer. You can represent yourself, though that will be a disadvantage to you.

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