Criminal Defense Attorney - Violations of Restraining Orders in Minneapolis / Saint Paul. Violations of Restraining Orders (OFPs, DANCOs, HROs) are taken seriously in the state of Minnesota. Successive charges are enhanceable (each one is progressively more serious) and they can quickly escalate from a misdemeanor to a felony. Moreover, being subject to a restraining order or violating a restraining order could result in the loss of child custody, compelled counseling/treatment, and/or the loss of your home or other shared possessions. A skilled legal advocate can make all the difference when someone is seeking a restraining order against you or you have been accused of violating a restraining order. Your freedom and liberties are at risk, know the facts, know who to call: Wainberg Morrison; 651-243-2538. What is an Order for Protection (OFP)?
A civil order that provides protection from harm for a family or household member, it can be a short term ex parte order (granted without a chance to object) or a longer term full order after a hearing is held. If an OFP is issued a judge can order any or all of the following:
- Order you to stay away from the complainant and/or minor children;
- Order you to be removed from and stay away from complainant’s home or domicile (even if you own a home jointly);
- Order you to stay away from the complainant’s place of work;
- Forbid or limit your contact with the complainant;
- Nearly anything else the judge sees fit for the protection of the complainant – i.e. anger management, counseling.
The Penalties for violating an Order for Protection:
- Misdemeanor (90 days and/or $1,000) for a violation of an OFP without a prior qualifying offense in the last ten years.
- Gross Misdemeanor (365 days and/or $3,000) for a violation of an OFP with a prior qualifying offense in the last ten years.
- Felony (5 years and/or $10,000) if within 10 years of the first of two prior qualifying offenses and/or a dangerous weapon was used.
What is a Domestic Abuse No Contact Order (DANCO)? A domestic abuse no contact order is an order issued by a court against a defendant in a criminal proceeding or a juvenile offender in a delinquency proceeding for:
- domestic abuse as defined in section 518B.01, subdivision 2;
- harassment or stalking under section 609.749 when committed against a family or household member as defined in section 518B.01, subdivision 2;
- violation of an order for protection under section 518B.01, subdivision 14; or
- violation of a prior domestic abuse no contact order under this section or Minnesota Statutes 2008, section 518B.01, subdivision 22
Penalties for Violating a DANCO:
- Misdemeanor (90 days and/or $1,000) for a violation of an OFP without a prior qualifying offense in the last ten years.
- Gross Misdemeanor (365 days and/or $3,000) for a violation of an OFP with a prior qualifying offense in the last ten years.
- Felony (5 years and/or $10,000) if within 10 years of the first of two prior qualifying offenses and/or a dangerous weapon was used.
What is a Harassment and Restraining Order?
A restraining order which requires the respondent to cease or avoid harassment, and/or have no contact with the complainant.
Penalties
- Misdemeanor (90 days and/or $1,000) for a violation of an OFP without a prior qualifying offense in the last ten years.
- Gross Misdemeanor (365 days and/or $3,000) for a violation of an OFP with a prior qualifying offense in the last ten years.
- Felony (5 years and/or $10,000) if the violation:
- is within 10 years of the first of two prior qualifying offenses;
- was accomplished by falsely impersonating another;
- involved the use of a dangerous weapon;
- was done with the intent to influence or tamper with a juror or judicial proceeding, or as retaliation against a judge or officer of the court (lawyer);
- involved a victim under the age of 18 and the respondent is more than 36 months older than the victim;
- and/or occurred on account of race, color, religion, sex, sexual orientation, disability, age or national origin.
WHAT CAN YOU DO TO PROTECT YOURSELF?Don’t sleep on your rights. Wainberg Morrison handles gross misdemeanor and misdemeanor harm caused by dog charges and can provide you with a skilled legal defense. Our Minnesota harm caused by dog lawyer has been in the thick of it and has secured favorable results for his clients. Kevin M. Morrison has represented clients with the Minnesota Public Defender‘s Office and as the Director of the Misdemeanor Defense clinic at the University of Minnesota. We believe in, and practice, strong and effective representation. For a free initial consultation, give him a call at 651-243-2538.
627 S Snelling Ave | Ste 205 | Saint Paul, Minnesota 55116 | 651-243-2538 or 651-243-2539 | info@wamolaw.com
*DISCLAIMER: This website does not dispense legal advice. While general concepts of law may be discussed, we have not applied those concepts to your circumstances and have not given specific advice about your case. Any similarities to your current case or situation are purely coincidental. Until a retainer agreement is signed by you and Wainberg Morrison LLC, no attorney-client relationship has formed. Areas of Practice: DUI/DWI, Theft, Robbery, Burglary, Possession of Marijuana, Underage Consumption of Alcohol, Underage Possession of Alcohol, Shoplifting, Disorderly Conduct, Domestic Assault, Domestic Abuse, and Assault Cases. Geography: Minneapolis, St. Paul, the Twin Cities metro area and surrounding cities/suburbs (Robbinsdale, Brooklyn Center, Fridley, Columbia Heights, St. Anthony, Roseville, Falcon Heights, Maplewood, Newport, South St. Paul, West St. Paul, Mendota / Mendota Heights, Richfield, Edina, St. Louis Park, Golden Valley, Plymouth, New Hope, Crystal, Brooklyn Park, Coon Rapids, Blaine, Spring Lake Park, Moundsview, Arden Hills, Shoreview, Vadnais Heights, White Bear Lake, Mahtomedi, North St. Paul, Oakdale, Woodbury, Cottage Grove, Inver Grove Heights, Eagan, Bloomington, Eden Prairie, Hopkins, Minnetonka, Maple Grove, Champlin, Anoka, Andover, Ham Lake, Lino Lakes, North Oaks, Grant, Mahtomedi, Lake Elmo, Afton, Rosemount, Apple Valley, Burnsville, Savage, Shakopee, Chanhassen, Shorewood / Greenwood / Tonka Bay, Wayzata, Orono, Medina, Corcoran, Dayton, Ramsey, Oak Grove, East Bethel, Hugo, Lakeland Shores, Lake St. Croix, Stillwater, Hastings, Prescott, Farmington, Lakeville, Prior Lake, Chaska, Victoria, Minnetrista, Mound, Independence, Greenfield, Hanover, Rogers, Otsego, Elk River, St. Francis, Bethel, Forest Lake, Vermillion, Elko, New Market, Hampton, New Trier, Carver, Jordan, Waconia, Watertown, Delano, Rockford, Buffalo, Monticello, Big Lake, Zimmerman, Princeton, Cambridge, Isanti, North Branch, Stacy, Chisago City, Lindstrom, Center City, Schafer, Taylor Falls, Elko, New Prague, Lonsdale, Belle Plaine, Cologne, Norwood Young America, Glencoe, Hutchison, Winsted, Cokato, Howard Lake, Winsted, Waverly, Montrose).
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