Minnesota No Contact Orders (Explained)

 
Unfortunately, domestic violence is an all too common occurrence in the State of Minnesota. If you or someone you love suddenly find themselves charged with a crime --- or is in need of an order of protection --- you need to understand what you’re up against.  This is why you should contact a Minnesota Defense Attorney.

What You Need to Know

A very common occurrence --- when someone is charged with domestic violence crime is that the accused is prohibited from having contact with the complaning witness --- this can also include their residence and their family.  In Minnesota --- this can come in the form of a DANCO (Domestic Abuse No Contact Order) and/or OFP (Order for Protection.)

Violate one of these orders and one can find them-self facing even more charges.  Therefore, it is vital that him/her understands what the different kinds of orders require of you.

What These Orders Prevent One From Doing
 
Once a judge hears the case, she will decide on which type of protective order to make and the stipulations thereof --- including:  

• A prohibition from going near your own home (if the alleged victim continues to reside there), the alleged victim’s workplace, and possibly your children’s school(s);
• Removal of custody of your children (or limitations in your rights);
• Payment of spousal support to your accuser;
• Restitution for domestic assault, including payment for injuries;
•  Awarded divorce and termination of spousal rights;
• Mandatory counseling/therapy; and 
• Anything the judge deems necessary. 
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If You Fail To Follow The Order

Breaking a protective order is punishable by law, and in most cases will earn you criminal charges . If a protective order is issued against you and you don’t understand it, the best thing you can do is talk to a knowledgeable domestic violence lawyer who can explain what you are up against and tell you your options. 

 
The Rolloff Law Office is a Minneapolis-based criminal and defense firm known for fighting aggressively for its clients and utilizing tactics honed while serving as a prosecutor.  Call to set up a FREE CONSULTATION - today - (612) 234-1165 

Minnesota Domestic Assault Charge - False Allegations

As a Minnesota Criminal Defense Attorney, I get loads of calls about domestic violence/assault charges.  Here is an article from the Huffington Post that sets for a number of things anybody facing allegations of this nature should consider.  

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Domestic violence is an important public health issue, and one which has been gaining increased attention in recent years on a variety of fronts, particularly with respect to professional athletes. States, of course, have various approaches for dealing with the issue, including housing and employment protections, protecting the identity of residents of domestic violence shelters, and broadening the definition of abuse.

One of the areas where states are falling short, according to experts, is in focusing on at-risk demographic groups. Different groups face different risks when it comes to domestic violence investigation. 

For instance, African American women are more likely to be killed by a partner than victims in other groups, whereas women who are unable to speak English are more likely to be unable to communicate to police officers to give an accurate version of incidents. Hispanic women are less likely to seek help from a shelter, while Native American women are more likely to be in a situation where police are unable to arrest a battering partner. Each of these unique challenges has to be met if the problem is to be adequately addressed.

As important as it is to ensure protection for those who suffer at the hands of an abusive partner, though, it is also important to remember that those accused of domestic violence have a right to defend themselves from unjust charges. Because of the nature of domestic violence investigations, it can and does sometimes happen that officers fail to gather the evidence necessary to make an accurate judgment about an incident. In some cases, those errors are not corrected and the accused face charges that don’t accurately reflect the events that took place.

Those who have been unjustly accused of domestic violence need to know that they don’t just have to succumb to the criminal process, but that they have rights. Working with an experienced Minnesota Criminal Defense Attorney can help to ensure that all the evidence is presented in their case and that they are able to take advantage of protections available to them.

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Source: Huffington Post, “When It Comes to Handling Domestic Violence Cases, States Are Still Falling Short,” Teresa Wiltz, September 22, 2014.
 

 
If you or someone you love is facing a court date, feel free to contact the Rolloff Law Office and set up a free consultation: (612) 234-1165

Domestic Assault Lawyer - Richfield

DOMESTIC ASSAULT is a crime in the State of Minnesota and it can be charged out as a Misdemeanor, Gross Misdemeanor or Felony.  Additionally, the charge and/or a conviction can have lasting negative consequences to a defendant and his or her family.  This is why you should get answers from an experienced, Minnesota Criminal Defense Attorney --- before things turn into an even bigger mess.    

What are the Non-Criminal Consequences of a DOMESTIC ASSAULT Charge or Conviction?

1. Domestic Assault No Contact Order (DANCO)

Even though a defendant in a criminal case is “presumed innocent until proven guilty beyond a reasonable doubt,” it is very common for a DANCO order to be put in place early on in the case by the judge. A DANCO order is aimed at keeping the defendant away from the alleged victim while the case is pending. (The DANCO order will also often continue well after the case has been resolved.)

Often the issuance of a DANCO order creates an extreme hardship for the defendant and his or her family. As part of the DANCO order the judge will place restrictions on the defendant’s ability to return home. Where kids are involved, this can be very challenging for the entire family. But, even where there aren’t kids in the picture, a defendant that cannot return home to retrieve his or her property and other necessities are terribly inconvenienced. Moreover, because a DANCO order compels the defendant to avoid direct and indirect contact and communication with the alleged victim, it is extremely difficult to arrange for the return of the defendant’s property.  

2. Anger and Chemical Use Assessments

Most judges will order an individual convicted of Domestic Assault to submit to an anger management assessment. In addition, if there was any alcohol or drug use by the defendant in connection with the incident, then the judge will likely also order the defendant to submit to a chemical uses assessment as well.  After the assessment process is complete, the Judge (or probation) will review the assessment and associated recommendations. The judge then, as part of the Sentencing Order, orders the defendant to comply with all of the assessment’s recommendations. For example, if an anger management assessment recommends that a defendant attend a specific anger management class, then the defendant must attend (and pay for) that specific class. Moreover, if a defendant fails to follow the assessment’s recommendations, then a judge may find that the defendant has violated a term of probation and needs to serve time in jail.  

3. Harm to Employment/Employment Prospects 

Under Minnesota law, an employer may be able to fire an employee because of a criminal charge or conviction. In addition, job applications often ask the applicant if he or she has been convicted of a crime. Unfortunately, Felony Domestic Assault is a crime and would have to be disclosed on a job application. Moreover, a conviction for Felony Domestic Assault would most assuredly show up on a criminal background check.
  

 
Why you should contact Richfield Domestic Assault Attorney Jay Rolloff?

Jay Rolloff is a Minnesota criminal defense attorney with experience both prosecuting and defending people charged with Domestic Assault. To find out how to resolve your case in the most favorable way possible for you, contact The Rolloff Law Office for A FREE CONSULTATION on your Richfield Domestic Assault case. Call: (612) 234-1165.

Minnesota Domestic Assault Lawyer

Domestic Assault cases usually arise out of a dispute between husband and wife, boyfriend and girlfriend or people living together.  No other offense leads to the types of issues that a call to police can bring.  This is why you should contact a Minnesota Criminal Defense Attorney is you are facing this kind of charge.  Here are some answers to common questions I receive.  

What is Domestic Assault?  

Domestic Assault is the act of placing another person in fear of being harmed and/or punching, slapping or hitting another --- and actually causing someone to be harmed.   

5th Degree Domestic Assault is a Misdemeanor level offense punishable by a maximum sentence of 90 days in jail and/or a $1,000 fine. However, these are enhanceable offenses. As such, if a person is charged with Domestic Assault more than once with the same alleged victim (during a certain period of time) then it can be charged as a Gross Misdemeanor (where the maximum sentence is one year in jail and a $3,000 fine) or even a Felony if there are aggravating circumstances or a number of prior offenses on someone's record.  

What is a No Contact Order?  

All to often, a Domestic Assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the accused from having any contact (written, spoken, phone, in person, etc.) with the alleged victim. To have this type of Order vacated (and to allow contact to be resumed) a Judge must quash it. No contact orders are very strict and any violation of the order could land the violator in jail.

What Should You Do?

It is very important to have legal representation since these are very serious cases. If convicted by the Court --- you may be required to serve some jail time, pay a fine, get treatment or other "education" for alcohol or domestic abuse issues, and you may also see your gun privileges restricted.  

 

Call the Rolloff Law Office today at (612) 234-1165 to set up a confidential, free consultation.

Minnesota Restraining Orders (Explained)

No Contact Orders --- like Orders for Protection or Harassment Restraining Orders are often obtained to keep one family member away from another family member, but did you know that such orders can be obtained by anyone who feels they are being harassed by or need protection from another person. With a restraining order, the individual who is served the order does have the right to challenge it because violating that order, even by accident, can have stiff penalties. An experienced Minnesota Criminal Defense Attorney can help you challenge these No Contact Orders so that their far-reaching consequences don't effect you.  

Who Gets No Contact Orders?

There are several reasons as to why someone will obtain a No COntact Order. The most common is harassment. Harassment is conduct that causes a person to feel threatened, frightened, persecuted, oppressed, or intimidated in some way. This likely includes the following behaviors: stalking, repeatedly returning to someone’s property, mailings, telephone calls, and other disturbing acts. Criminal harassment and stalking charges can cause someone to incur a criminal record (even a Felony one) depending on the act that they committed the age of the victim, whether a weapon was used, and any other applicable factors.

When a person gets a restraining order against another, they do so to keep that person away from them. However, while some allegations warranting a restraining order may have merit, there are many occasions where they do not. A person may state that an ex is harassing him/her in order to keep that person from seeing a child or a person will obtain an order for retaliation or spite. The order can be issued prior to a court hearing or you having the right to be heard. You can challenge the order at a later court hearing.

Restraining Order Violation

If you would violate a restraining order intentionally or accidentally, additional criminal charges could be brought against you that could result in more consequences. This is why you need to take the steps to challenge the order as soon as possible. An experienced Minnesota Restraining Order Defense Lawyer will make sure you are able to do that and do so effectively. That way you can possibly have the order thrown out, especially if it is one that has been obtained to keep you away from your children, to try and damage your reputation, or cause you to violate it and have you placed in jail. By successfully challenging the order, you are taking steps to make sure it doesn’t exist so that there is no chance you violate it.

f you have been accused of violating a Restraining Order, you need an experienced attorney by your side --- you should not have to simply take the accusations and the penalties resulting from a conviction just to get the matter over with quicker. It is your right to fight the charges so you can have the best possible future. To learn more about how The Rolloff Law Office can help you, call (612) 234-165 for a free consultation.

Minnesota Domestic Assault (Explained)

Domestic Assault is generally defined as either "an act intended to cause fear of immediate bodily harm or death" or "an attempt or actual infliction of bodily harm upon another."  You can read the actual domestic assault statute here - Minn. Stat. §609.2242.

Example of Assault: A husband and wife argue in their home.  The husband becomes upset and raises his closed fist at his wife but does not actually strike her.  The wife is frightened by this because she thinks her husband might hit her.  This is considered an assault even though the husband never actually touched his wife.  An assault includes actual touching or an act intending to cause fear (in this case, the husband raising his fist at his wife).

Domestic assault is a "regular" assault upon a family or household member.  This can include any of the following relationships:

• Spouses and former spouses
• Parents and children
• Persons related by blood
• Persons who are presently residing together or who have resided together in the past (ie. roommates)
• Persons who have a child in common regardless of whether they have been married or have lived together at any time
• A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time
• Persons involved in a significant romantic or sexual relationship

These definitions are important since it is a common misconception that two persons must actually live together to be in a domestic assault.  Likewise, domestic assaults do not only occur between spouses or between parents and children.

Levels of Domestic Assault: Misdemeanor, Gross Misdemeanor and Felony

 Domestic Assaults are known as "enhanceable" offenses in Minnesota.  This means if a person is convicted of domestic assault, any future charges and convictions for assault or "qualified domestic violence-related offenses" will be treated harsher. (This does not even take into account the seriousness of the injury suffered by the "victim.")

• Misdemeanor Domestic Assault: First-time offense or no qualified domestic violence-related convictions in the past 10 years
• Gross Misdemeanor Domestic Assault: One prior qualified domestic violence-related conviction in the past 10 years
• Felony Domestic Assault: Two or more qualified domestic violence-related convictions in the past 10 years (maximum punishment of 5 years in prison or $10,000.00, or both)

Qualified Domestic Violence-related Offenses in Minnesota (Examples)

Under Minn. Stat. §609.02, Subd. 16?  These are violations or attempted violations of any of the following:

• Violation of a domestic abuse order for protection
• Violation of a domestic abuse no contact order (DANCO)
• Murder in the First and Second Degree
• Assault in the First, Second, Third, Fourth and Fifth Degree
• Domestic Assault
• Domestic Assault by Strangulation
• Criminal Sexual Conduct in the First, Second, Third or Fourth Degree
• Malicious Punishment of a Child
• Terroristic Threats
• Violation of a Harassment Restraining Order
• Stalking
• Interference with an Emergency Call

Domestic Assault and the Effect on Firearms in Minnesota

When a person is convicted of domestic assault or assault in the first, second, third or fourth degree, the court must determine the following:

Whether the assault was committed against a family or household member
Whether a firearm was used in any way during the assault

If a firearm was used against a family or household member during the assault, the firearm shall be forfeited under Minn. Stat. 609.5316.  In other words, law enforcement will take the firearm permanently either for their own use or to be destroyed.

In addition to forfeiture, if the court determines that a firearm was used in the assault, the person can be prohibited from carrying a firearm anywhere between 3 years to life.  Violation of this order is a gross misdemeanor.  Even if the judge fails to tell the defendant this information, the person can still be charged with the violation.

What to Expect

Persons charged and convicted of domestic assault can expect to have their right to carry firearms taken away, as discussed above.  Defendants can also expect a combination of the following: probation usually lasting 2 years, a monetary fine, no contact with the victim, substance abuse counseling or treatment, community service, anger management classes, electronic home monitoring or local jail time.  First-time offenders typically serve no jail time or a very short amount of jail time (such as 2 or 3 days, which oftentimes can be served through community work service or house arrest).  For second and subsequent convictions, these same expectations exist but the length or probation is increased along with the likelihood the person will serve time in local jail.

All of the above being said, as a former prosecutor I know --- these are all too often the toughest cases for the State to prove.  That's why you need a good a Minnesota Criminal Defense Attorney at your side through the whole process.  Honestly, each case has unique facts and circumstances.  Furthermore, not every city and county handles domestic assault cases the same way.  Harsher punishment is typically sought in cases where the victim was badly hurt, alcohol or drugs were involved, there is a pattern of abuse, a weapon was involved or where the defendant has prior criminal convictions.

If you are facing a Domestic Assault charge, call the criminal defense attorneys at the Rolloff Law Office at (612) 234-1165 for a Free Consultation. 

First Court Appearances (Explained)

As a Minnesota Criminal Defense Attorney, one of the first questions I get is: What will happen in court - at the first appearance?  Although it varies depending on the charge and the county, three things typically happen at your first court appearance:

1. Bail or conditions of release will be set
2. You will be formally charged
3. Arrangements are made for the next hearing

1. Bail and Conditions of Release

Many people are scared that they’ll be taken away in handcuffs and held in custody throughout their criminal matter --- this is rarely the case.  At the first appearance, a judge will consider what conditions are appropriate for release.  Generally, if the crime is not a felony - or does not implicate public safety - and if the offender does not have a criminal record, no bail will be required.  However, the court will consider the possible danger to the community and your potential as a flight risk when setting bail.  So, if you have a history of missing court dates, or if the crime you're alleged to have committed involves violence, a higher bail will likely be set.  In addition, the judge can impose conditions of release, such as being tested for drugs and alcohol or to stay from a particular place or person. 

2. The Formal Charge

At the first court appearance, you’ll also (formally) be told the specific charge(s) you face.  If the charges are minor, you may only receive a citation with little information about the charge.  However, more serious crimes require a complaint.  A complaint has a statement of probable cause, which is the State’s allegations supporting the charges.  If you want, a judge can also read the charges to you, but in the interest of not creating more publicity and saving time, almost everyone waives the reading.

3. Future Arrangements

Finally, the court will want to know what will be done about the case.  For more minor crimes, you or your attorney can talk with the prosecutor and see if you can resolve the case.  If the case cannot be resolved, the court will set further dates and either check your eligibility for the public defender or ask if you want to get a private attorney.

You don't have to go through this alone.  If you or someone you love needs help with a first appearance, call the Rolloff Law Office.  not only can we answer your questions - we also offer FREE CONSULTATIONS.  Call today: (612) 234-1165

Minnesota Domestic Assault (Explained)

Domestic Assault cases more often than not arise out of a dispute between husband and wife, boyfriend and girlfriend or people living together.  Some recent high profile cases, in the State of Minnesota, include the prosecution of Chris Cook - the Minnesota Viking who was recently acquitted of such a charge. 

Of the cases I worked, both as a former prosecutor and now on this side of the aisle, these types of matters are often the messiest.  Not only are they difficult for the government to prove --- it can be equally as trying for the accused to demonstrate their innocence- especially without the help of an experienced Minnesota Criminal Defense Attorney.

Elements

Essentially, at its most simplistic level, Domestic Assault is the act of placing another person in fear of being harmed and/or in-fact harming that person.  Therefore, punching, slapping, hitting and/or almost any act of physical contact - or the threat of as much - can be construed to comport with a hyper-technical reading of the statute and subject you to a possible criminal conviction.

Level of Charges

5th Degree Domestic Assault is a Misdemeanor level offense punishable by a maximum of 90 days in jail and/or a $1,000 fine. However, Domestic Assault can be charged out at both a Gross Misdemeanor and a Felony based on the harm done and/or someones prior record.  See, convictions for these sorts of offenses are what are referred to as enhanceable offenses. As such, if a person is charged with 5th Degree Domestic Assault more than once with the same alleged victim (over a certain period of time,)than it can be charged as a Gross Misdemeanor (Maximum of one year in jail and a $3,000 fine) or even a felony if aggravating circumstances or prior offenses are present.

No Contact Orders

More often than not, a Domestic Assault case involves an Order for Protection or a No Contact order. This is an order by the Court that restricts the individual charged from having ANY contact (direct or in-direct) with the alleged victim. To have this type of Order vacated - and to regain contact - a Judge must allow it. No contact orders are very strict and any violation of the order could land the violator in jail - facing a whole new charge.

What You Should Do?

Whenever a case is analyzed it is critical to know details about the reason you were approached by police, what procedures the officers used during your seizure and subsequent arrest, what is contained in your record (ie., your prior criminal/traffic history,) whether the officer read you your Miranda rights when you were arrested, were you allowed to contact an attorney, and many other variables.

Understanding that there are a lot of balls in the air, the next best decision is to sit down with an experienced Minnesota Criminal Defense Attorney to get answers.  Remember, you're going to get one chance to get this right.  If you FAIL ... the consequences could be with you long after your court case is closed. 

It is very important to have legal representation since these are very serious types of cases. If you want to know what you need to know - and get insight into those things you didn't even know you didn't know - then call the Rolloff Law Office at (612) 234-1165 to set up a FREE CONSULTATION.  I'm a DA who has taken what the government taught me about prosecuting cases like this - to earn my clients fair and just results.

Minnesota Domestic Assault Charges

Domestic violence is one of the ugliest crimes, because it occurs between people who are supposed to love and respect one another.  Often, it can be used as a form of manipulation and control, leaving long-term scars on its victims, but unfortunately unfounded allegations of such activity can have lasting effects on the falsely accused.  If you've been charged with Domestic Assault - you need to be aware that this is a serious matter that could lead not only to a fine and jail time - but could also have life long impacts on you and your freedoms.  Therefore, if you were planning on represent yourself, you may want to reconsider.

Experienced Minnesota Criminal Defense Attorneys who specialize in Domestic Assault cases are usually skilled negotiators and often a good deal is better than taking one's chances in front of a judge or jury. I've worked hundreds of cases like this - from both sides of the aisle.  I know what needs to be done - and why - to earn my clients favorable outcomes. 

The Next Step

If you or someone you love has been charged with Domesti Assault you should have an experienced Minnesota Criminal Defense Attorney by your side to talk you through this often difficult process. Not only to address what might happen with the courts, but to also fill you in on the wide-ranging and often unforeseen collateral consequences.

As a former prosecutor, I am quite aware of how these cases are handled. Understand this, you might want to go it alone --- but the procedural aspects of these cases are quite unique. And, to do-it-yourself --- well, you do so at your own risk. 

If you find want help, don’t hesitate to contact The Rolloff Law Office for a free consultation to discuss your case. Call today: (612) 234-1165.

Minnesota Domestic Assault (Explained)

If you have recently been charged with Domestic Assault, more likely than not you've have come all too familiar with the acronyms - DANCO, OFP and/or HRO.  Although all have there differences, the bottom line with each of these court orders is STAY AWAY.

What Are These Things?

• OFP stands for Order for Protection;
• HRO stands for Harassment Restraining Order; and
• DANCO refers to a Domestic Assault No Contact Order.

  

How Do They Work?

Almost anyone can go to court and ask for either an OFP or an HRO.  (The other "no contact" order, the DANCO, is usually issued only by a judge as a part of a matter involving Domestic Abuse - preventing the individual charged does not have contact with the alleged victim while the case is pending.

  

OFPs and HROs are very unique and powerful orders.  They are unique due to the fact that a Court can (and often does) grant them without a hearing or even notice to the other party. Granted, the individual who is subject to the "no contact" order can ask for his/her day in court - but that process is highly time-sensitive and can be quite complicated.  Moreover, if an order is granted against you and you violate it - you could be subject to criminal charges.  This is why it is essential you speak to an experienced Minnesota Criminal Defense Attorney. 

  

Often, someone requests an OFP or HRO for their own protection by filing a motion with the court and submitting an affidavit that alleges unwanted contact or hear of harm.  If the court decides that that individual has met initial burden to show that domestic assault or harassment occurred, the court will issue the appropriate order and direct law enforcement to serve the order.  If the party on whom it is served, that person can demand a hearing, put his or her side of the story into consideration, and then ask the judge to decide whether or not the order should continue, be dismissed, or modified in some way.

Why You Should Be Concerned.

  

Many of these orders, if granted by the Court are quite powerful. Even the slightest violation is subject to criminal penalties and prosecution.  And, depending on what sort of criminal history the party charged has, the slightest slip-up opens that person up to charges that could be as serious as a Felony. 

  

What Should You Do?

What you've read here is a very general background on these orders.  If you or someone you love is the subject of one of them - or worse - has been alleged to have violated one, you should have an experienced Minnesota Criminal Defense Attorney on your side to talk you through this often difficult process.  Not only to address what might happen with the courts, but to also fill you in on the wide-ranging and often unforeseen collateral consequences.  

As a former prosecutor, I am quite aware of how these cases are handled.  Understand this, you might want to go it alone --- but the procedural aspects of these cases are quite unique. And, to go it alone --- well, you do so at your own risk.  

If you find want help, don’t hesitate to contact The Rolloff Law Office for a free consultation to discuss your case.  Call today: (612) 234-1165.

Domestic Assault - Explained

As criminal cases go, Domestic Assault is often the most difficult to deal with.  The accusations, which are can be easily made, are extremely serious and no matter the outcome of the case - life changing consequences are often the result. 

Domestic Assault charges are very powerful claims which affect everyone involved. The accused is often concerned with the stress of dealing with their criminal case - the possible betrayal by the loved one who's making the accusation - and the difficulty of working through the feelings of judgment from other individuals in their life.

Often, you feel as though you have no one is listening to you - and you have nowhere to turn. One right choice you can make is to reach out to an experienced Minnesota Criminal Defense Attorney - because you need someone on your side, fighting for you, your rights and your future. 

What's Going to Happen?

A conviction for Domestic Assault can mean serious consequences including fines, jail time (or even prison for repeat offenders,) and certain programming - like anger management and chemical dependency treatment or other classes. In addition to any legal punishment the judge might impose, these charges and/or a conviction also come with a handful of collateral consequences that can affect the accused's parental rights, their iimmigration status, their right to own and possess firearms, their living situation and their jobs and employment possibilities.

With all of that on the line, don't you need someone working for you who understands the intense emotions surrounding these serious criminal charges?

Who Can Help?

I do my best to keep clients informed about all aspects of their cases and involve them in their defense. By looking into self-defense claims and witness credibility issues - along with employing powerful defense strategies, my aggressive representation will protect your rights if you have been charged with Domestic Assault.

If you have been charged with a crime of Domestic Violence - my advice is to contact an attorney immediately. An experienced Minnesota Criminal Defense Attorney can quickly begin to protect your rights and assure that your side of the story is heard.

Make sure your lawyer takes the time to listen to your point of view and fully understand your objectives.