Appealing a Domestic Abuse Order

There are some unique rules to keep in mind when appealing a domestic abuse order. Domestic abuse proceedings brought pursuant to Section 518B.01 are “special proceedings” within the meaning of Minn. R. Civ. App. Proc., Rule 103.03(g) (special proceeding is such a proceeding as may be commenced independently of a pending action by petition or motion, upon notice, to obtain special relief). Orders under section 518B.01 are final orders in special proceedings and are appealable on their own. There is no need to serve and file a notice of filing of a special order and the appeal deadline begins to run from the date the special order is issued.

In fact, regarding special proceedings generally, the proper appeal is from the original order or judgment granting or denying relief, and a new trial motion is unnecessary to preserve issues for appeal. Only if the legislature has indicated its intent that special proceedings be governed by the same rules as other civil cases, is a new trial motion authorized and an appeal may be taken from an order denying the new trial.

A new trial motion in domestic abuse proceedings is not authorized, and any order denying such a motion is not appealable.