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My restraining order contains no signed affidavit of the allegations against me? What should I do?

Minneapolis, MN |

I've recently received an order of protection from my spouse. The order served to me doesn't contain any allegations or signed affidavit by my spouse. I'm concerned because I have a hearing in 4 days and have no idea what the allegations may be.

Attorney Answers 2


Hello. Know that this website is providing you with general information, not the detailed legal counsel of which you obviously are in need. You may appear at court for your hearing date and inform the judge of this and you should be given a copy of the actual Petition; you would then, of course, have another court date scheduled as need be in the event you believe that an evidentiary hearing (with witnesses, other evidence, exhibits, etc.) would be appropriate. You may try to obtain a copy of the Petition from court administration prior to the hearing date. I do urge you to have private attorney assistance and private legal counsel immediately. You should not post details of your personal issues on a public website. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.

Twin Cites. Call 612-296-9666 for a consultation: DOMESTIC ABUSE Law, FAMILY Law, DIVORCE Law, CHILD CUSTODY & PARENTING TIME Law, FAMILY LAW MEDIATOR, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 EVERY DAY OF THE YEAR until 8 p.m. daily. See Tricia Dwyer, Esq. & Assoc. PLLC

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At the hearing you could request the court to dismiss for insufficient service of process. In the alternative, if she is able to provide the documents at the hearing, you can request a continuance of the hearing.

Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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