Any court in Minnesota can issue restraining orders, which come in three variations: Orders For Protection (OFP), Harassment Restraining Orders (HRO), or Domestic Abuse No Contact Orders (DANCO). All three orders restrict a person’s ability to communicate another person or entity. Communicating as defined by the orders includes all possible form of communication: telephone, text messaging, email, and social media, snail-mail, even using a third party to act as an intermediary. Violating either type is a criminal offense that cares with it potential jail time. Attorneys at Ascheman Law have experience representing clients on all sides of no contact orders.
Orders for Protection (OFP)
Orders for protection are issued in case involving allegations of domestic abuse. Orders for protection prohibit the alleged attacker from having any contact with the alleged victim in the case. Orders for protection can have a broad array of consequence, such as the accused not being allowed to go home, preventing the accused from seeing minor children, requiring the accused to leave public places such as restaurants or movie theaters if the alleged victim is there, and many other consequence.
Orders for protection must be challenged within five days or issuance or they will go into effect for up to two years. The five-day deadline is very serious. If you have been notified that an order for protections has been issued against you get in contact with an experienced defense attorney at Ascheman Law immediately. Any delay could result in irrevocable consequences.
Harassment Restraining Orders (HRO)
Harassment occurs when a person feels frightened, intimidated, or threatened by the actions of another. Civil courts issue harassment restraining orders when a person requests them. Regardless of the fact that the order was issued by a civil court, violating the order is a criminal offense.
If you have been notified that a harassment restraining order has been issued against you there are only 45 days to challenge the order. Failing to challenge the order within 45 days will lead to it being issued with full legal effect.
OFP & HRO Attorney Representation
The biggest reason to have an attorney involved, if you are a party to an OFP or HRO, is the Hearing. A Hearing for an OFP or HRO is similar to trial, you will have to present evidence, and will have the chance to question witnesses. You do not have the right to remain silent. Having an attorney at your side is vital. You often won't know if the other side will have an attorney until it's too late. An attorney can help show the court that your side should win.
Whether you're defending yourself against an unreasonable OFP or HRO, or you're trying to protect yourself from someone who has been harassing you - Call Us Now.
Domestic Abuse No Contact Orders (DANCO)
A DANCO is different from both OFPs and HROs, it is a no contact order that is put in place at the State's request. These are often put in place by the courts when there are allegations of Domestic Abuse. DANCOs are not simply dismissed if the alleged victim asks for it to be dismissed. Unchallenged, a DANCO will stay in effect for as long as criminal charges are pending, and a no contact may remain in effect throughout probation. If you are facing DANCO issues, it is best to have an attorney review your case and see how we can best help you.
Penalties for violating OFP/HRO
Misdemeanor: If you violate either an OFP or HRO you can be charged with a misdemeanor crime punishable with up to 90 days in jail and a $1000 fine.
Gross Misdemeanor: A gross misdemeanor offense is punishable by up to one year in jail and $3000 in fines. You will be charged with a gross misdemeanor if you have a prior conviction for domestic related offenses in the last ten years or have previously violated the order.
Felony: A felony conviction for violating an OFP or HRO can carry with it up to five years in prison and a $10,000 fine. You will be charged with a felony if you have two or more prior domestic related offenses or you possessed a weapon at the time of the violation.
If you have been charged with violating or notified that an OFP or HRO have been issued against you contact Ascheman Law for a free consultation today.
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