Thompson v. SchrimsherAnnotate this Case
Past physical abuse, standing alone, can support the issuance of an order for protection (OFP) under the Domestic Abuse Act, Minn. Stat. 518B.01, because the Act imposes no temporal requirement on when the “domestic abuse” occurred.
The Supreme Court held that the court of appeals erred when it concluded, as a matter of law, that a finding of past domestic abuse alone is insufficient to support the issuance of an OFP without a showing of a present intent to cause or inflict fear of imminent physical harm. Specifically, the Supreme Court held that, under subdivision 2(a)(1) of the Act, a petition need only show that “physical harm, bodily injury, or assault” has actually occurred, regardless of when it occurred, to satisfy the first definition of “domestic abuse.”