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Bill Attorney
Bill Attorney, Lawyer
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I need a restraining order from my brothers girlfriend who

Customer Question

Hi I need a restraining order from my brothers girlfriend who is claiming to live here and she does not I also have my two minor children here. The police were here tonight and did nothing. Do I have to stay up all night and file in the morning?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Apple Valley Minnesota
JA: Has anything been filed or reported?
Customer: I had the police here about 1 hour ago. I just would like to start anything legal asap--- I have been gathering bills and such and of course my drivers license. I just don't feel safe.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can't think of anything pertanant but, I have not been through this before
Submitted: 4 months ago.
Category: Legal
Expert:  Bill Attorney replied 4 months ago.

Dear Customer,

Thank You for posting your question to just answer today. This is attorney Bill offering legal information specific to your concerns.

A person seeking the protection of the courts in terms of a protection order or restraining order needs to personally make an application at their local justice court.

So she would need to personally file for an order.

Grounds for an order are harassment, physical threats and assault.

Harassment is defined by Minnesota statutes as the following :

"Under Minn. Stat. § 609.748, harassment is defined as: 1. A single incident of a. physical or sexual assault, or b. stalking in which the victim’s personal information is used by another without consent of the victim, to invite, encourage, or solicit a third party to engage in a sexual act with the victim (See Minn. Stat. § 609.749, subd. 2 clause (8)), or c. intentionally disseminating a private image of the victim, without consent of the victim, that shows the victim in a sexual act or whose intimate parts are exposed, in whole or in part, and the victim is identifiable by the victim or by another person or from personal information displayed in connection with the image."

It is possible for her to get an emergency order pending a full hearing on an exparte application.

Please be patient for my follow up and answer when you request additional clarification or information and REMEMBER TO RATE POSITIVELY TODAY FOR THE INFORMATION RECEIVED.

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Customer: replied 4 months ago.
This did not answer my question I live in my home and my brothers girlfriend is claiming to live here she does not
Expert:  Bill Attorney replied 4 months ago.

To have a person evicted that is unlawfully in possession you can bring an unlawful detainer action at your local Justice Court. Upon a successful outcome you will be issued with a writ of possession and the person can be forcibly removed by law enforcement.

Here is summary of the process you need to follow:

https://sites.google.com/site/mnhousinglaw/ud-defense-manual/chapter1/b-summary-of-unlawful-detainer-eviction-actions

Please remember to rate positively my response before exiting.

THIS IS HOW I GET A CREDIT FOR MY TIME AND RESPONSE

SO I HOPE YOU RATE 5 STARS TODAY

Thanks

Attorney Bill

Expert:  Bill Attorney replied 4 months ago.

Dear Customer,

I would like to follow up with you on your question in which I replied to a few days ago and gave an answer. Do you need any more information ?

When Finished PLEASE REMEMBER THAT WE EXPERTS COUNT ON POSITIVE RATINGS

THIS IS HOW I GET A CREDIT FOR MY TIME AND REPONSE PREVIOUSLY

SO I HOPE YOU RATE 5 STARS TODAY

Thanks

Attorney Bill