Waconia, MN asked in Family Law, Appeals / Appellate Law and Domestic Violence for Minnesota

Q: How do I fight a “revenge restraining order” (OFP) that was filed against me—& granted?

My wife had been violent with me since 2014, but walked out & filed for divorce in Nov of ‘22. 8 months later, after being quiet about the abuse for years, I did a social media post discreetly talking about (I said no names or relationships) what I was & had been going through. The next day, I got angry texts from her demanding I remove my post. A week later when I hadn’t done so, she filed an OFP against me using a text where I had apologized for hurting her one of the times I was trying to shove her off of me. During a hearing about it that took place last week, I was instead in the back of an ambulance being taken from one hospital to another in Rochester. The court knew my whereabouts, but granted the OFP because I wasn’t there.

I have plenty of evidence that she’s lying & that she was the violent one. Violence that has left me with serious injuries. I’m feeling extremely disgusted in & discouraged by the legal process here.

How do I fight this?

1 Lawyer Answer
Robert Kane
Robert Kane
  • Criminal Law Lawyer
  • Eagan, MN
  • Licensed in Minnesota

A: You will need to convince the court you are entitled to a new hearing because you were unable to attend. I apologize, but I don't know specifically what you need to file without more information. Perhaps another attorney can help. Based on the rest of your question, it doesn't seem you were prepared for court on the day the hearing was scheduled. If you are allowed another hearing you will need to properly present your evidence.


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