Domestic Violence Charges? Now What?
If you have been charged with domestic violence in Minnesota, you need to understand the charges and restrictions that may be imposed on you in an Order For Protection (OFP). Violations of these orders are very serious and can lead to criminal penalties as well as OFPs lasting for decades and loss of custody of your children.
Our attorneys at Anderson DiFiore PLLC can help you understand the charges and the restrictions from an OFP. We know during a stressful family dispute, legal separation, divorce or other matter, things can quickly get out of hand. We can work to minimize the consequence of these orders and help you begin to rebuild your relationships and life.
The Minnesota statute protects family and household members from domestic abuse, which is defined to include physical harm, assault, injury, fear of imminent physical harm, terroristic threats, sexual conduct and even interfering with an emergency call. The definition of family or household member is broad and encompasses more than just biological family.
What Does Ex Parte Mean?
Unlike many legal actions, if the party requesting the order believes they are in immediate danger of abuse, they can request and obtain the order without having to provide notice to you. Once the order is granted, you can be ordered to leave your home, if you share it with the protected person. You need to speak with an attorney as soon as you find out such an order has been granted. Do not contact the protected person in the order!
No Contact Means Just That
Once an OFP has been issued, you need to follow it to the letter. This means if the protected party calls or texts you, you MUST ignore it. If you reply to a text or speak on the phone, you could be subject to arrest and criminal penalties. Our lawyers may be able to challenge the validity of the order by quickly requesting a hearing after the order has been issued, but if you are found to have violated the order, it may damage your odds at such a hearing.
Contact Us Today
We understand how stresses in your life can lead to these situations. Our attorneys can help prevent a bad decision from damaging your future. Call our Rochester office today at 507-536-9933 or use our online form.