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 

Anoka County Domestic Assault Lawyer (Explained)

According to the laws of the State of Minnesota, Domestic Assault occurs when one member of a household commits one of the following acts against another member of the household:

• Infliction of bodily injury
• Infliction of fear  of imminent bodily injury or assault
• Terroristic threats
• Criminal sexual conduct
• Interference with an emergency call

If you are charged with a Domestic Violence-related offense, you should consult with an experienced Anoka County Domestic Assault attorney to make sure you get a strong defense. 

What happens if I am Arrested for Domestic Violence?

If the police arrest you for Domestic Assault or Violating an No-Contact Order, you could spend time in jail before you even get a bail hearing. Therefore, you need and experienced Anoka County criminal law attorney, to fight for your speedy release.  

Court
At your initial hearing, the judge will determine if you pose a threat and may decide on one or more of the following preconditions to your release:

• a prohibition on  threatening or committing additional acts of domestic abuse or harassment;
• a prohibition on  harassing, annoying, contacting or communicating with the alleged victim;
• an order to stay away from  the alleged victim’s home and workplace;
• a prohibition on  possessing weapons; and
• a prohibition on  possessing or consuming drugs or alcohol

Penalties for Domestic Assault 

Domestic violence crimes may be charged as misdemeanors, gross misdemeanors or even felonies and may carry penalties including prison or huge fines.  The sentence depends largely on the severity of the crime and whether the defendant has a history of domestic violence or other crimes. At the Rolloff Law Office, we work hard to minimize the effects of prior convictions.
 

If you or a family member has been charged with a Domestic violence-related crime, you need an experienced attorney from the Rolloff Law Office to defend you. Call today to set up a free consultation: (612) 234-1165.

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 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.