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Getting OFP dismissed as defendant? Minnesota

UpNorth

Junior Member
#1
My wife got an order for protection against me after a bad argument 10 months ago. It was written up so I can see my daughter with her permission, but she had full legal custody. We went back to living together, but she refused to drop the ofp unless I signed over custody of my daughter. I refused and we went on with life. We split up again and are going to get divorced and she keeps telling me that she will drop the ofp if I sign over permanent custody. She is using it to manipulate me using my child. I have the forms to ask to have it dropped but I don’t know what reason to put why it should be dropped without admitting I violated the ofp. I am in a bad spot and she is using it to try to control me and my access to my daughter. I don’t know what to do.
 


HighwayMan

Super Secret Senior Member
#2
As long as you still get to see your daughter why do you care about the OFP?

If you are getting divorced you'd better get yourself an attorney.
 

Zigner

Senior Member
#4
You don't need the OFP dropped in order to pursue custody, visitation and establishment of child support through the courts. As advised, speak to a local attorney.
 

HRZ

Senior Member
#5
And if there are facts that might support that your daughter's best interests may be met to live with you ...discuss same with your counsel!

Get started promptly with counsel to pursue the divorce and address issues of custody, VIsitation , and support .

IF the status quo was that you were living together...I would NOT move out without first a long serious discussion with counsel..there might be other options .... get some legal help like PRONTO
 

LdiJ

Senior Member
#6
And if there are facts that might support that your daughter's best interests may be met to live with you ...discuss same with your counsel!

Get started promptly with counsel to pursue the divorce and address issues of custody, VIsitation , and support .

IF the status quo was that you were living together...I would NOT move out without first a long serious discussion with counsel..there might be other options .... get some legal help like PRONTO
That is horrendous advice. There is an order of protection against him that he is violating by being there at all. He needs to get out of there as quickly as possible, if he is not already out.
 

latigo

Senior Member
#8
My wife got an order for protection against me after a bad argument 10 months ago. It was written up so I can see my daughter with her permission, but she had full legal custody. We went back to living together, but she refused to drop the ofp unless I signed over custody of my daughter. I refused and we went on with life. We split up again and are going to get divorced and she keeps telling me that she will drop the ofp if I sign over permanent custody. She is using it to manipulate me using my child. I have the forms to ask to have it dropped but I don’t know what reason to put why it should be dropped without admitting I violated the ofp. I am in a bad spot and she is using it to try to control me and my access to my daughter. I don’t know what to do.
I don't understand why you two would think that she can at her whim "drop" a court order, or that a family court would be bound by anything signed, but this is what I would have you do or try. First you should get the divorce in motion and quickly, then:

Considering that she is likely to be awarded full custody regardless. (There is no such thing as a parent being awarded "permanent" custody - not in the perpetual sense of the word.)
Why don't you tell her that you will not resist her effort to have custody awarded to her on the condition that she will not object to your being granted liberal visitation; that she will not interfere with your exercising visitation; and that she will join with you in asking the court to remove the protection order.

If worse comes to worse, remind her that your hole card is her attempt to use the protection order as an instrument of extortion. And that any violation of that order has been mutual.