When it comes to the real-world application of a domestic abuse order for protection (OFP), the need for speed cannot be overlooked. This is why it was special news last week when the Minnesota Judicial Branch integrated OFP data into the Court Information System. It assists law enforcement by making OFP data immediately available to the BCA and FBI as soon as it goes into the Court Information System. Before this update, courts transmitted these orders to law enforcement twice a day, so it was typically hours between a judge’s signing an OFP to cops on the beat having access to its existence. Likewise, the new system allows law enforcement to instantly report when an OFP has been served. This new integration project began in the Ramsey District Court early last year, but now covers all Minnesota jurisdictions.
While this may not sound like a big development in itself, it is considering where domestic abuse law was in Minnesota not so long ago. Minnesota’s Domestic Abuse Act (MN Stat. §518B.01), which introduced the Order For Protection, was only adopted in 1979. This article from the University of Minnesota Law School tells how a victim might not have any recourse prior to the OFP without filing for divorce (thus assuming she was married.) The Act itself was groundbreaking in that it required police to make an arrest in cases where there was probable cause to believe an assault had occurred, but it was still far from perfect. This 1989 Report of the Minnesota Supreme Court Task Force for Gender Fairness in the Courts (chaired by the late Honorable Rosalie Wahl) reveals that even ten years after their introduction, OFP’s were seldom enforced due to judges’ attitudes (and probably also the limits of information technology) of the time. It also reveals that one seeking a protective order then might actually have to pay a filing fee or get an in forma pauperis (which they don’t now).
This news aside, domestic abuse remains a troubling problem in our community. If you need immediate help, contact Ramsey County Domestic Abuse/Harassment Office or Bridges to Safety.
