wrongfully filed order of protection

[alexa90]

What is the name of your state (only U.S. law)? minnesota

my exboyfriend filed an order of protection (as opposed to harassment) restraining order against me. i have since consulted a lawyer, who feels that not only will it be an easy dismissal, but that i should consider filing a harassment order against my ex as his filing against me under the grounds of his complaint. the lawyer cannot believe a judge even signed off on it, as no claims of abuse or threatening of abuse were even in the report, and cannot believe it to the point that he feels my ex must have pulled some strings somewhere. my exboyfriend's mom works for the county this order was filed in and has for 12 years.

my mom pointed out last night that it's strange that i was not served the order until 12 days after its filing. the order was also missing the page where you are supposed to be able to request a hearing. i looked up the county court web page and called and requested a hearing that way. i read that in minnesota, the hearing is to be scheduled to take place at most 14 after the filing. my is scheduled for 25 days from the filing date. is any/all of this legal?

 

[Proserpina]

What is the name of your state (only U.S. law)? minnesota

my exboyfriend filed an order of protection (as opposed to harassment) restraining order against me. i have since consulted a lawyer, who feels that not only will it be an easy dismissal, but that i should consider filing a harassment order against my ex as his filing against me under the grounds of his complaint. the lawyer cannot believe a judge even signed off on it, as no claims of abuse or threatening of abuse were even in the report, and cannot believe it to the point that he feels my ex must have pulled some strings somewhere. my exboyfriend's mom works for the county this order was filed in and has for 12 years.

my mom pointed out last night that it's strange that i was not served the order until 12 days after its filing. the order was also missing the page where you are supposed to be able to request a hearing. i looked up the county court web page and called and requested a hearing that way. i read that in minnesota, the hearing is to be scheduled to take place at most 14 after the filing. my is scheduled for 25 days from the filing date. is any/all of this legal?

MN may allow up to 45 days in which to hold a hearing depending on circumstances. As for filing against the boyfriend - you may want to rethink this. Retaliatory filings do not look good.

Mom's job will not affect things - she can't manipulate the system to that extent (if at all); county employees also have to abide by the laws of the state.

 

[Ronin]

It does not matter whether or not retaliatory filings look good or not. If it is warranted then consider doing so.

I agree it is highly unlikely a county employee can wield the kind of influence you suggest.

In MN the hearing is usually set within 10 days from the date the hearing is requested, not from the date of the filing for protective order.

 

[Proserpina]

It does not matter whether or not retaliatory filings look good or not. If it is warranted then consider doing so.

I agree it is highly unlikely a county employee can wield the kind of influence you suggest.

In MN the hearing is usually set within 10 days from the date the hearing is requested, not from the date of the filing for protective order.

My dear old ex requested the hearing about 5 days after I got the TRO; the actual date of the hearing was another 18 days after that, give or take (there were no extenuating circumstances to justify the delay; that's simply the earliest he could get). The respondent does have up to 45 days to request a hearing before the little egg-timer runs out and prevents him from doing so.

(This was in Cass Co, MN, and I believe - though I'm not willing to bet my Nutella on it - it stems from statute 609.748).