Minnesota Assault Lawyer – Leverson Budke
Domestic Assault MN
The attorneys at Leverson Budke, PLLC have successfully defended many Minnesotans accused of assault. While you may believe your best course of action is to plead guilty in exchange for no jail time, doing so will undoubtedly have significant consequences for many years to come. Don’t go another day without speaking with a skilled Minnesota attorney who can help guide you during this difficult process.
Domestic Assault Lawyer Minneapolis
If you’ve been charged with assault or domestic assault, you need a Minnesota lawyer who understands the complexities of these laws and the collateral consequences of a conviction. In addition to potential jail time or fines, a sexual assault or domestic assault conviction may have a negative impact on your housing, future employment, and professional licensures. Especially important to many Minnesotans, a conviction for assault will even affect your ability to possess a firearm.
Minnesota Restraining Order & Order for Protection MN
In addition to representing individuals who have been charged with a crime, the attorneys at Leverson Budke, PLLC have helped numerous people obtain a Minnesota order for protection. If you or a loved one is being harassed or feels unsafe, contact our attorneys to learn more about Minnesota protective orders.
Allow the attorneys at Leverson Budke to present your best defense.
Call 651-829-3572 today for a FREE consultation, with a Minnesota lawyer that has experience with sexual assault and domestic assault.
What is the Definition of Domestic Violence MN?
In terms of successfully obtaining a restraining order MN, domestic violence involves one or more of the following acts between family members or any other member of a household:
- Any type of assault that causes physical harm or bodily injury. Among other things, this may include hitting, slapping, pushing, stabbing, choking or burning;
- Making someone worried for their own safety by threatening physical harm or assault;
- Threatening to conduct an act of terrorism including crimes of violence, bomb threats or showing a firearm;
- Conducting or threatening forced sexual intercourse or sexual contact with someone of age;
- Conducting or threatening intercourse or any other sort of sexual contact with a minor; or
- Interfering with an emergency call or preventing someone from calling an emergency number altogether.
Minneapolis Domestic Violence Lawyer
Domestic violence cases can be tricky because they’re usually based on one person’s word against another’s. However, the seriousness of orders of protection should never be underestimated. Their effects can have a significant and lasting impact on the lives of both parties involved. As such, regardless of which side of the case you’re on, seeking a qualified Minneapolis domestic violence lawyer is essential to protect the rights of both parties. Here, you’ll find broad information on the types of restraining order MN can offer for protection and their implications as well as some tips on how to find the best Minneapolis domestic attorney for your case.
Restraining Order MN – Three Types
There are three types of restraining order MN has the power to issue.
- Order for Protection (OFP) – An OFP is a civil order that’s issued in cases that involve alleged domestic abuse or domestic assault MN. This meant that abuse or threats of harm have occurred between family members or other members of the same household. Depending on the specific circumstances, OFP’s have a broad range of implications. The restrained person may not be legally allowed to go home, see children and will have to leave public spaces if the protected person is present.
- Harassment Restraining Order (HRO) – An HRO is a civil order that’s issued when the protected person feels scared, intimidated or threatened by someone’s actions who isn’t related to the victim.
- Domestic No Contact Order (DANCO) – A DANCO order is put in place by the court, most often when there are allegations made of domestic abuse but the alleged victim hasn’t requested protection from a restraining order MN. They can’t be dismissed even if the supposed victim asks them to be removed and will remain in place for the duration of time that criminal charges are pending.
All Minnesota courts are able to grant any of these three types of restraining orders.
The Implications of a MN Restraining Order
Regardless of which type of restraining order is made, all Minnesota orders for protection prevent the restricted person from making any contact with the protected person. This involves restricting all types of communication including over the phone, text messaging, email, social media and the sending of messages via a third-party. You may also be prevented from making contact with any children that you share with the protected person.
Even if false allegations have been made against you to obtain a restraining order MN, it’s imperative that you obey the terms for the whole duration that it’s in place. Failing to do so carries the serious consequence of being arrested and formally charged with a crime for violating the terms of protection or harassment.Another serious consequence that many Minnesotans don’t realize is that if an order of protection is taken out against you, you’ll also automatically lose your right to possess a firearm. It’s important that you also adhere to these restrictions to avoid facing other serious consequences too.
How Long Do MN Restraining Orders Last?
Both ex parte and full orders of protection are effective for a set period of time which usually spans up to 2 years. Once or just before the MN restraining order expires, the protected person can petition to have a MN restraining order extended if need be. In situations where the restrained person has violated an existing order for protection two or more times, the judge can then grant a full order for up to 50 years. However, if the abuser doesn’t violate the restraining order after 5 years, they can request to shorten the duration of the initial order providing that they can show a significant change in circumstances.
What Types of Order for Protection MN Are Available?
Minnesota is unique to most other states in how it handles the processing of restraining orders. Here, a hearing at which both involved parties must attend isn’t a necessary precursor to issuing a long-term order of protection. Instead, anyone is able to file for what’s called an ex parte order where, if successful, the judge grants the restraining order without hearing from the alleged abuser. This allows people to seek immediate protection from an abuser if the judge believes that they’re currently in danger. The alleged abuser usually isn’t even aware that a motion has been passed against them and isn’t notified before a ruling is made. Instead, they’re simply told of the existence of their MN restraining order as soon as is possible after it’s been placed in effect.
While ex parte orders are a powerful position to be in if you’re seeking refuge from domestic violence, they can be understandably unnerving for the now protected person to hear about ad hoc. It’s then up to the respondent to request a hearing to object to the claims being made against them.
If the judge hasn’t granted all of the terms the protected person is seeking or the restrained person requests a hearing, a date will be granted for both parties to return to court for what’s termed a full order for protection. Here, both sides will have the opportunity to present evidence to prove why the restraining order MN should or shouldn’t be issued. Full orders of protection can also be issued if the judge deems that there’s not enough evidence to grant an ex parte order as the additional information shared in a hearing will help the courts to determine whether a restraining order MN is necessary or not.
How Can a Minneapolis Domestic Assault Attorney Help?
Whether you’re seeking the protection of a MN restraining order or, you’ve had one served against you, being unrepresented in a court of law isn’t a strong position to be in. Since most domestic violence cases involve weighing up one person’s version of events against another’s, most unrepresented people do end up losing their cases.
However, partnering with an experienced Minneapolis domestic violence lawyer allows you to defend your rights to the full extent of the law. Through their thorough understanding of this sensitive legal ground, they’ll help you to leverage rules to your advantage and present your story in the strongest and most persuasive way possible. They’ll also help you to better understand the implications of taking out or having a restraining order executed against you so that you can maximize its benefit and minimize the negative impact that it may have on you and your family.
Penalties for Violating a MN Restraining Order
If the restrained person violates any term of a MN restraining order (including their right to possess firearms), the penalty will depend on the nature of the violation, it’s severity and impact. As such, it’s difficult to determine the outcome of any violation before it’s seen in court. However, penalties may range from fines and court-ordered counseling to probation and jail time depending on the charge made:
- Misdemeanor – Violating restraining order can result in a misdemeanor charge that may involve serving up to 90 days of jail time and/or receiving a $1,000 fine.
- Gross misdemeanor – For more serious violations of restraining orders in Minnesota, a gross misdemeanor may be made. This involves serving up to 1 year in jail and paying $3,000 in fines. This is also the minimum charge a restrained person will face if they have previous domestic assault MN charges or have already violated the current order.
Felony – This is the most serious charge that may be faced for violation of a MN restraining order. It can carry up to 5 years of jail time along with a $10,000 fine. Felony charges are usually made if the accused has 2 or more previous domestic offenses or they possessed a weapon of any sort at the time of the violation.
Challenging a Restraining Order MN
If you’ve been charged with a restraining order MN, you may want to consider challenging it.
In some cases, orders for protection are obtained under false pretenses in the hopes that it will benefit the protected in a divorce and/or custody battle. In this situation, it’s often beneficial for you to seek representation by a qualified Minneapolis domestic violence lawyer and request a full hearing. This will give you the opportunity to share your side story as well as any other facts that would benefit your case.
If you do share children with the protected person, you might also want to challenge the order to prevent the painful situation of not being able to see your kids too. However, if you are guilty of any type of domestic assault, challenging the order is a delicate process in which we’d strongly recommend using the services of a solid Minneapolis domestic assault attorney.
Order of Protection MN – Out-of-State Rules
If you have an order for protection that was originally issued in a state other than Minnesota, it can be enforced here so long as a few specific terms are met. The first of these is that the restraining order was put in place to prevent another person from coming near you or contacting you because of a history of violent or threatening behavior. Secondly, the court that issued the order must have had the appropriate authority to hear the case and lastly, the abuser was then notified of the order placed against them and had ample opportunity to tell their side of the story.
If your protection order also grants you temporary custody of your children, this can still be enforced in Minnesota providing that the terms comply with federal laws. For more details on how out-of-state rules apply in Minnesota, ask us to look over your order today.
If you’re living in Minnesota and do maintain protection from your out-of-state order, to have the order changed, extended or cancelled you will be required to file a motion or petition in the original court. However, this doesn’t necessarily mean that you will need to be physically present for your request to be granted. Some states and courts allow you to attend hearings via the phone. To find out, simply ask the court where the original order was made.
If you no longer want to deal with the originating state’s order, you may be able to apply to have a restraining order MN issued. This would grant you protection under Minnesota state laws and would then be able to be amended without having to deal with out-of-state courts. While anyone can apply to have a new order issued here, this will most likely, be difficult if no new incidents of abuse have occurred within this state.
Discuss Your Restraining Order MN Case with Us Today
If you’re involved in or are considering taking out a restraining order MN case, talk to us today. We’ve represented numerous Minnesotans on both sides of this issue to ensure the safety of themselves and their families and successfully avoid having to face serious, life-long implications such as jail time, fines or a domestic assault conviction. We may even be able to help you to have your gun rights restored if you’ve lost them due to an order for protection.
The timeline for dealing with a MN restraining order is anywhere between 5 and 14 days. As such, it’s vital enlist the help of an experienced Minneapolis domestic violence lawyer as soon as possible. Reach out to us today! We’ll act in your best interests without judgement to guide you through the entire process and secure the most favorable outcome for your situation.