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Impermissible Orders

Quick Facts

Parenting time only denied on likely harm to child.
Spouse only removed from family home on likely harm to child or other spouse.
Temporary orders genernally may not modify restraining orders against abusive spouses.

Temporary orders in Minnesota divorce and family law have some limits.

A temporary order may not deny parenting time to a parent unless the court finds that the parenting time is likely to cause physical or emotional harm to the child.

A temporary order may not exclude a spouse from the family home unless the court finds that physical or emotional harm to one of the spouses or to the children is likely to result, or that the exclusion is reasonable in the circumstances.

A temporary order may not vacate or modify an order restraining an abusive spouse from committing acts of domestic abuse, except that the court may hear a motion for modification of an order for protection concurrently with a proceeding for dissolution of marriage. If the proceedings are consolidated and the motion to modify is granted, a order for modification of an order for protection must be issued separately.