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

Q: Is it possible to have a judge dismiss an ofp as evidence in a child custody case.

Currently going for custody of my daughter, the mother had an ofp against me through out her pregnancy citing that I abused her on ONE occasion, she filed the ofp at least a month after the alleged abuse and the police were never called.

To my understanding everything she said in the ofp hearing was heresay, except she had a friend appear as a witness and claim that she heard me threaten her life but had no proof outside her word. The judge granted the ofp, I was led to believe by a couple lawyers that I wouldn't need an attorney for the ofp hearing and I certainly wasn't expecting her to bring a witness that would lie for her. And so I was railroaded.

Fast forward to going for custody of my daughter it seems the ofp is the biggest hurdle and the SENE mediators are gonna recommend to the judge that the mother gets full legal and physical custody.

Please help.

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

A: The short answer is no. I’m not sure which attorneys told you that you shouldn’t hire a lawyer for the OFP hearing, but that wasn’t good advice. There is no way to unring the bell and have the judge ignore that a different judge made a finding that there was domestic abuse.

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