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 

Isanti County Criminal Defense Attorney - Domestic Assault

A domestic assault charge is very serious because of the consequences - in court and out --- before court and after -  that can occur. 

If you or someone you love has been charged with domestic violence, the possible consequences can include jail time, fines, anger management, probation, and an order for protection  --- that prevents contact with the victim and any minor children.

What Should You Do?

First, it can't hurt to talk to a qualified and aggressive Minneapolis Criminal Defense Attorney to get answers about how to secure a good result in the case. 

All too often, domestic violence claims are the result of a divorce, retaliation, custody battles, and other personal matters. While law enforcement in Minnesota aggressively pursues domestic violence claims --- my experience (both as a prosecutor and a defense lawyer) has shown me that these are tough cases to prove and that sometimes allegations are false.  Shoot, even when a claim has merit, that does not mean that someone will be convicted. There may be facts in each case that do not warrant the huge penalties and/or for a parent to be separated from family by way of an order for protection.

Fighting Domestic Violence Claims

Domestic violence penalties in the State of Minnesota are serious. In addition to fine, jail, and probation ... a person’s right to own or purchase firearms can be effected as well. 


In addition to the domestic violence accusation itself --- which could lead to criminal charges --- there is also the chance someone can use that situation to gain an order for protection. The complaining witness can acquire this order just with her/his claim. 

Don't Screw Around

The moment the charges are filed, it is very important to call an experienced Twin Cities Criminal Defense Attorney.  For, as I have told 1000s of clients, just because there is an accusation doesn’t mean that conviction will follow. And, just because the case may seem confusing and difficult doesn’t mean that there is no hope for a more an acceptable outcome.  With the right attorney --- you can get the right advice, guidance, and support ... so that you can keep this situation from getting any more complicated.  

  

Domestic Assault is a serious accusation.  If you are facing such a charge, it is important to seek representation that you can count on.  To learn more about your rights and options, call The Rolloff Law Office at (612) 234-1165 to schedule a free consultation.

Minesota Order For Protection Lawyer

If you have recently been served with a No Contact Order ... like an Order for Protection and/or a Harassment Order, you should talk to an experienced Minnesota Criminal Defense Attorney.  Often these orders are unfairly obtained ... and if you don't fight it, you could be subjected to significant restrictions to your personal freedoms and criminal consequences.  

What You Need to Know

The NO CONTACT Order for Protection is available to the family and household members of the abuser. "Family or household members" means the following people: current spouses, former spouses, parents and children, persons related by blood, persons who are currently residing together, persons who have resided together in the past, persons who have a child in common, a man and a woman if the woman is pregnant and the man is alleged to be the father
persons involved in a significant romantic or sexual relationship

If the person abused is a minor, then the minor's guardian may bring the petition on the minor's behalf.

Why You Need to Fight

An Order for Protection is a cheap, quick, and easy way to obtain temporary custody, child support, spousal maintenance, and possession of the house and everything in it. It is a crippling blow to the one who gets the order, who must quickly deal with the immediate issue of finding a place to live and not having access to his residence, while the accuser is comfortably moving on to further stages of the custody battle.

Worse, once an Order for Protection is obtained, this document is repeatedly photocopied, flagged, highlighted, waved around like a red flag, and referred to in ominous tones at every opportunity by counsel for the “victim.” Whether rightly or wrongly issued, it creates a bad first impression and predisposition for any judge, custody evaluator, guardian ad litem, or other third person involved with the case.

Because an Order for Protection can be such a powerful weapon, it is often abused. Many allegations of abuse are wholly fabricated. Many are gross exaggerations. Any physical contact during an argument becomes an assault. Any vague comment about future possibilities becomes a “threat.” For example, a client once retained me in a divorce, who had previously had an OFP issued against him for telling his wife that she would come to regret her decision to pursue divorce. The spouse said that made her feel threatened. The Court bought it, and issued the OFP.  

Worst Case Scenarios

The fact that OFPs are so often abused has all too often really bad results, such as:

False abuse claims can result in great advantage in custody cases, to the harm of children, who suffer from the lack of contact with the other parent. I’ve heard more than one judge state from the bench that he must “err on the side of caution” and grant the OFP. (This is contrary to law and downright asinine, because it doesn't take into consideration the harm that the erroneously issued OFP will have on the children). Nevertheless, this attitude is all too prevalent on the bench.  

And/or:

Legitimate abuse claims can and do get rejected by judges who are biased in the other direction, denying orders for protection in the belief that the abuse claim is a fraudulent attempt to gain advantage in custody proceedings, when in fact the abuse was very real.

What Should You Do?

If you should be so unfortunate as to become the Respondent in Order for Protection proceedings, where custody and parenting time of children is at issue, it is extremely important to retain an experienced Minnesota OFP Attorney as soon as possible, so that your attorney has as much time as possible to prepare for the OFP hearing, including to subpoena witnesses if necessary. OFPs figure largely in child custody cases, even when they’re issued on behalf of the spouse only and not the children. It is essential to defend aggressively against them.

One road to go down... if the OFP Petitioner has ever committed acts of domestic abuse against you, it is almost always advisable to bring a counter-petition for an OFP yourself, to be heard at the same time as the Petitioner’s case against you. This requires that you act very fast once you are served.  Honestly, if you are the victim of domestic abuse and need an OFP, don’t delay in seeking it, because if you do, your motives will be called into question along the lines of: “if you really were in fear, why did you wait X number of days/weeks/months to seek and Order for Protection?” Better to drop everything and bring your Petition for an OFP immediately after the abuse occurs.

Fire Arms

An often overlooked consequence of an Order for Protection is that the person restrained thereby may not possess any firearm for as long as the order remains in effect.  Violation is a federal felony offense punishable by up to 10 years in prison. So if you’re a hunter, this can be an important consideration.

Remember, you all too often only get one chance to fix stuff like this.  Get help today - a FREE CONSULTATION is only a phone call away.  Call the Rolloff Law Office: (612) 234-1165

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.

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.