Minnesota Restraining Order Defense Attorney
Minnesota has multiple protective orders. Often, they are issued without granting a defense to the accused. At Midwest Defense, we know how false accusations and misinterpreted actions can lead to trumped-up charges and severe consequences. Without the chance to fight abuse allegations, you need legal representation against restraining orders.
FOR HELP FIGHTING A PROTECTIVE ORDER IN Minnesota, PLEASE CALL OUR OFFICE TODAY AT (651) 808-0335 or contact us online.
Orders for Protection, or OFPs
Orders for protection are strictly reserved for domestic abuse charges, and they are handled in family court. When the court issues an order, you must leave the home you share with your accuser. You must stay a certain distance away from them, and you can have only limited contact with them. OFPs can affect your parenting rights, placing restrictions on your visitation and custody. If your accuser is your spouse, and you are the primary earner, you may be ordered to pay child support or spousal support.
These orders are not limited to accusations between adults, either. Parents ask for an order on a child’s behalf. If the court believes them, access to your children could be cut off completely.
The legal standard for “domestic abuse” can be rather broad. It can apply to any romantic partner, regardless of residence. This means you could be accused by an ex-girlfriend/boyfriend, current fiancé or partner, etc. It also applies to any member of the household. Technically, a roommate with whom you have no outside relationship could accuse you. “Abuse” is also a broad accusation. Physical violence obviously applies, but abuse can also include empty threats.
Orders for Protection can be issued without your presence or knowledge. All that matters is the court’s belief in your accuser’s account. If the court agrees, you are suddenly issued an order without warning. OFPs in Minnesota are severe. “Ex parte” orders are issued quickly, as the court uses them to grant immediate protection. They can last as long as two years. After that time, the court can place a full order against you. A “full” order for protection can also last two years, but it can also be extended if the court believes it is necessary.
Since you cannot defend yourself, your only option is to issue an objection. Trust our firm to help you with this process, working to keep your freedoms intact.
Harassment Restraining Orders
Harassment restraining orders are not limited to accusations from family or housemates. People with little connection to you can file for this order. The qualifications for a harassment restraining order are much the same as an OFP.
These orders involve patterns of abusive behavior. The accuser must demonstrate that they have been the continued target of abuse. If they have only one example of harassment, they must prove that further instances are likely to follow.
Harassment restraining orders can be issued ex parte, without your inclusion. The order lasts until the court can conduct a hearing for a final order, giving your accuser time to prepare their case. If you’ve had an ex parte order filed against you, call our office today. We can also use this time to help prepare your defense. Final restraining orders can last for two years, so act quickly.
Many harassment accusations arise from misunderstandings. Sometimes, you are unaware of how your behavior affected the accuser. You might believe that your actions were taken in jest, while the so-called victim believes they were being tormented. Perhaps you had a bad day and inadvertently lashed out at your accuser. With our firm’s help, you may be able to prove that your alleged behavior was unintentional, and you have no desire to repeat it.
Second Amendment Restrictions
A restraining order could remove your right to bear arms. Since the state sees you as a threat, it believes you can no longer own a firearm. You must turn your guns over to authorities or a neutral third party. The state must be careful about this stipulation. If they failed to alert you to the restraining order or if you didn’t have the chance to defend yourself against it, you may be able to keep your gun rights.
Call Midwest Defense and allow us to thoroughly investigate your case. We may be able to uncover errors in the State’s process, preserving your Second Amendment rights.
Penalties for Violating Protective Orders
Our state is harsh on alleged violators. In many instances, the order can be extended up to 50 years. This can happen not just as a penalty for violation. When your accuser files multiple orders against you, the 50-year extension may apply.
Furthermore, a violation can be met with criminal charges. Depending on the nature of the violation, charges range from misdemeanors to felonies. Fight your accusation before the situation goes to this extreme. If you’ve been hit with an order of protection, seek representation immediately.
Restraining orders affect your reputation. They are serious legal accusations, labeling you as an abuser. Even if you have no intention of seeing your accuser again, the stain of your restraining order can affect your personal and professional life. Let us help you fight against these orders, helping to keep you free both socially and legally.
For a strong defense against orders for protection and harassment restraining orders in Minnesota, contact us online, or call us at (651) 808-0335.
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