Asked in Domestic Violence for Minnesota

Q: If a ofp in minnesota is granted to one party but the judge agrees to rehear it is the order vacated from 1st hearing

So my ex wife and I both filed at the same time a ofp I was originally present we adjourned I didnt make it back for court to reconvene so per state law mine was dismissed and my exs was granted I filed a motion to have it rehearse and I refiled my original ofp the chief judge granted to hear my ofp and clearly since they were togethor rehear hers so both files at once no dosent that mean I thought ibread some where on minnesota case law that if a ofp is fought and petitioned to be reheared and it is granted then all orders from the original hearing is vacated pending the new hearing please let me know asap please

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1 Lawyer Answer
Jonathan Matthew Holson
Jonathan Matthew Holson
  • Domestic Violence Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: The motion that you filed to rehear your request for an OFP would not address the issuance of her OFP against you. So to my knowledge, the OFP from the first hearing should still be in place. In any event, you would receive written notice if the original OFP was vacated or dismissed.

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