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Can I add my newborn to my Order for Protection?

Saint Paul, MN |

I have been granted an Order for Protection. I am pregnant due in a month or so. After my baby is born, can I add them to the OP? Obviously I could not add them originally because they were not yet born. The respondent's threats to kill the baby both in utero and after birth were included in my affidavit.

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Attorney answers 3

Posted

If the child was not the subject of abuse, they would not be a person covered by an Order for Protection. If there have been threats of bodily harm, there maybe a basis to seek an Order for Protection on behalf of the minor child once born. However, that would require a hearing and, potentially, a court trial if the allegations are denied and the defendant seeks an evidentiary hearing.

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Posted

No you cannot unless the abuser commits the qualifying acts in the statute against the newborn. The threats to kill the baby after birth may be enough to qualify.

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Posted

You would need to bring a new action to obtain an OFP for you newborn. You cannot simply write in a name. However, you could certainly help support your motion with the threats to kill your child.

-Drake Metzger
Metzger Law Firm, LLC
952-525-2299

Nothing in this response constitutes legal advice. Metzger Law Firm, LLC does not represent you nor has Metzger Law Firm, LLC entered into an attorney-client relationship with you.