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Our law firm provides comprehensive legal representation across various criminal practice areas, including white-collar crimes, drug offenses, theft, and violent crimes. We combine in-depth legal knowledge with strategic defense tactics to protect your rights and pursue the best possible outcomes. Whether facing a misdemeanor or a serious felony, our experienced attorneys are committed to guiding you through every step of the legal process.
ORDER FOR PROTECTION
An order for protection is issued only if a person petitions the court for relief. These orders are included under the Domestic Abuse Act and are specifically for family and household members. In Minnesota, “family and household members” includes:
- Spouses and former spouses.
- Parents and children.
- People related by blood.
- People who live together or have lived together in the past.
- People who have a child together, regardless of whether they have been married or have lived together.
- People who are pregnant together, regardless of whether they have been married or have lived together.
- People involved in a significant romantic or sexual relationship.
When the court receives the petition, it must order a hearing held no later than 14 days from the date of the order. At the hearing, if a judge finds that the petitioner provided sufficient facts to satisfy the harassment restraining order requirements, they may issue an order for protection against the respondent.
An order for protection will demand the respondent to have no contact with the petitioner. This can include the respondent being excluded from a shared residence or anywhere around it. An order for protection may require the respondent to seek counseling, require the respondent to pay restitution to the petitioner, and/or award temporary use and possession of property to the petitioner. An order for protection can also have negative custody and/or child support implications on the respondent.
Violating an order for protection has criminal penalties. Generally, an order for protection violation is a misdemeanor offense. Under certain circumstances, an order for protection violation may be a gross misdemeanor or a felony offense.
An order for protection violation is a misdemeanor if you have no previous qualified domestic violence-related convictions within 10 years of the violation or if you did not possess a dangerous weapon at the time of the violation. If you have been charged with misdemeanor order for protection violation, penalties include up to 90 days in jail and/or a $1,000 fine.
An order for protection violation is a gross misdemeanor if you have a previous qualified domestic violence-related offense within 10 years of the violation. A “qualified domestic violence-related offense” includes but is not limited to:
- domestic assault;
- DANCO violations;
- varying degrees of murder, manslaughter, and assault;
- varying degrees of criminal sexual conduct;
- malicious punishment of a child;
- first degree burglary;
- harassment or violation of a harassment restraining order;
- interference with emergency call; and
- other similar laws.
If you have been charged with gross misdemeanor harassment restraining order violation, penalties include up to 364 days in jail and/or a $3,000 fine, a mandatory minimum of 10 days in jail, and court ordered counseling and/or programming.
An order for protection violation is a felony if you have two or more previous qualified domestic violence-related offense within 10 years of the violation, or if you possessed a dangerous weapon at the time of the violation. If you have been charged with felony order for protection violation, penalties include up to five years in prison and/or a $10,000 fine, a mandatory minimum of 30 days in jail, and court ordered counseling and/or programming.