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Edina Divorce, Family Law and Criminal Defense Attorneys

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Home » Domestic Violence

Restraining Orders And Orders For Protection

Serving And Defending Individuals Throughout Minnesota

Domestic abuse and harassment can take many shapes and be present in various ways. Most often, we think of domestic violence as physical abuse such as hitting, biting, scratching, etc., and harassment as intrusive unwanted acts. While these are very serious true forms of domestic abuse and harassment, there are more subtle types of domestic abuse and harassment. Acts such as verbal threats and gestures that cause a person to fear for his or her physical safety, security or privacy may also constitute domestic abuse or harassment.

Individuals who have experienced physical abuse or feel fear for their physical safety, security or privacy because of another person’s words or actions may request a court order relief in the form of orders for protection (OFPs) or harassment restraining orders (HROs). When issued, OFPs and HROs prevent the alleged abuser/harasser from having contact with the individual seeking the order. Whether an individual seeks an OFP or an HRO will depend upon the relationship between the victim and alleged abuser.

To help ensure victims of abuse are not left in danger, temporary ex parte OFPs and HROs are frequently issued solely based on the request of the person asking for them.

For individuals seeking protections, the hearings are a chance to prove the truth. For individuals who are challenging orders, the evidentiary hearing is critical in disproving the allegations. However, if the orders are not challenged, they can have a serious and lasting effect on the life of the alleged abuser. Ignoring the matter or thinking it will not impact your life is a serious mistake, regardless of whether you think there is any merit in the accusations.

Regardless of whether you are seeking or defending orders, it’s critical to work with an experienced lawyer who can help protect your rights. At Hill Crabb, LLC, we understand the seriousness of harassment restraining orders and orders for protection, and work closely with our clients at every step of the process.

Defending Individuals Against Harassment Restraining Orders And Orders For Protection

Harassment restraining orders and orders for protection prevent individuals from carrying firearms. An experienced attorney can help ensure allegations of domestic violence do not ruin your career or your life. We at Hill Crabb, LLC, work with individuals in Edina and throughout the Twin Cities to protect their rights when facing or charged with:

  • Orders for protection: Orders for protection are served when an individual fears bodily harm. Although orders for protection can be served without strong evidence, they can also be defeated by working with an experienced lawyer. If you were served an order for protection, it’s critical to contact an attorney as soon as possible. In most situations, you only have five days to request a hearing to have a temporary order for protection revoked.
  • Harassment restraining orders: Restraining orders are served when individuals feel unsafe or feel as though there has been an invasion of their privacy because of frequent contact from another person. If someone sought a harassment restraining order against you, contacting an attorney immediately can help ensure the situation is resolved quickly.VIOLATIONS OF PROTECTIVE ORDERS

VIOLATIONS OF PROTECTIVE ORDERS

Protective Orders start out as civil matters. They escalate to a criminal charge when the accused knows about the Protective Order and either refuses or fails to honor it.

Criminal Consequences

It is a Misdemeanor if the accused knows of the existence of an OFP or HRO and violates the order. Violations of an OFPs and HROs are punishable by up to 90 days imprisonment, the requirement to participate in counseling or other programing and fines of up to $1,000. The accused’s criminal history and the specific facts of the case can leave the accused facing more sever charges, punishable by up to 5 years imprisonment and/or fines of up to $10,000.

Defenses

In order to convict the accused of violating a protective order, the prosecutor must prove:

  1. There was a valid protective order issued by a judge
  2. The accused had knowledge of the protective order’s existence
  3. That the accused intentionally violated the terms of the order

Fortunately, there are several effective defenses available which could include, lack of knowledge of the protective order, lack of intent to violate the order, or lack of corroborating evidence to false allegations.

Contact A Lawyer In The Western Suburbs

If you need to defend yourself against allegations of abuse or if you need legal orders to protect your safety, it’s critical to work with a lawyer who understands the ramifications the situation can have on every aspect of your life. Learn more about the counsel our firm provides by scheduling a consultation. Our attorneys can be reached through an online contact form or by calling 612-568-5967.