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.

Getting an Order for Protection (OFP) Without an Attorney

Not everything that goes on in the court room requires that an attorney be present.  Granted, when trying to acquire Order for Protection (OFP) - something you can do yourself - you may feel more comfortable with an experienced Minnesota OFP Attorney on your side, and you would likely benefit from the counsel and advice he could provide.  But I understand, attorneys are expensive, money is short, and you may need to save that money for the divorce you see coming.  As such, especially if you feel less than safe in your current situation, I would rather that you go into court without me than wait until you have the money to hire me and get hurt in the mean time.

What Do You Need to Do?

You can get fill-in-the-blank OFP forms from your local courthouse, or you can get them on-line from the Minnesota Court’s web site by clicking here.   OFP forms are specifically designed to be used by people who do not have an attorney.  The instructions are clear and fairly easy to follow.   And, you are not required to pay any sort of filing fee to get an OFP.

Once you complete the forms as directed, you bring them to court administration for filing.   Court administration will make sure a copy of your form called the “petition” is served on the abusing party by law enforcement.  Depending on the facts of your case, the judge may issue a temporary Order for Protection before any hearing was held.  If the judge issues such an Order it will usually remain in effect until a full hearing on your petition can occur.

What Happens at the Hearing?


In court, you'll be expected to testify and tell what happened.  During your testimony you need to be very specific about what your abuser did that hurt you, or made you fear that he/she would do so in the immediate future.  Your abuser will then be given an opportunity to cross examine you by asking you questions.  After you are done testifying, your abuser will then be able to testify about what happened, and you'll get to ask him/her questions.  If you have any witnesses to the event, bring them to the hearing so that they can testify as well.  Once the judge has heard all of the testimony, he/she will decide whether an Order for Protection will be issued.

What You'll Need to Understand

There are more rules that decide whether and when a hearing on your petition for an Order for Protection is held.  Which rules apply depend on the specific facts of your case.  However, the important message here is that you should not wait until you have enough money to hire an attorney before you ask the court for an Order for Protection.  There are forms and resources to get you through the process.  Of course, if at any point you feel overwhelmed by the process, or your abuser gets an attorney, it is always advisable to get an attorney of your own.

Need to Know More?

If you think you need a lawyer, you probably need a lawyer. Call the Rolloff Law Office today at (612) 234-1165 and schedule a no-cost, no obligation consultation.

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.