Order of Protection
Domestic violence allegations can carry a plethora of charges. Even if a person is not convicted of a domestic violence offense, an alleged victim still can petition to have an order of protection placed against the person. This order is separate of the criminal charges, and the idea behind it is that it will help to keep the victim safe.
An order of protection can significantly affect a person’s life. It essentially forces the person to avoid contact with the alleged victim, essentially restricting where he or she can go. It also could mean being forced to vacate a shared home. Violating this order is a criminal offense that can carry harsh consequences.
Apple Valley Order of Protection Attorney
James Blumberg is dedicated to helping his clients through all aspects of domestic violence cases, including orders of protection. Whether it is a hearing for the order or you are accused of violating an existing one, Apple Valley order of protection lawyer James Blumberg can help you make the best decisions for your future.
Call (952) 431-7758 to schedule a free consultation. James Blumberg Law represents serves clients throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount, as well as anywhere in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County.
Information About Orders of Protection
Petitioning for Order of Protection
In cases of domestic abuse, a person can petition the court for a protective order. A petition can be made by a family or household member, a guardian or a reputable adult age 25 or older on behalf of the minor or the family, according to Minnesota Statute 518B.01.
The petition must allege the existence of domestic violence and include an affidavit made under oath stating the exact circumstances. It also must state whether the victim, known as the petitioner, has ever had an order against the person in the past.
Additionally, the petitioner must explain if there is an existing order against the person and if there is pending litigation, complaints or other legal matters involving the two. The court, however, would not delay granting the order based on pending action between the two parties.
Once the petition is filed, the petitioner has the right to request a hearing. If he or she chooses not to do so, the respondent may request a hearing. Notice of the hearing date and time will be provided to the petitioner by mail at least five days before the hearing.
Protection Order Hearings
Once the petition is received, the court will hold a hearing no later than 14 days from the date of the order. However, it cannot be held less than five days from when the respondent has been served with or received the petition. The petitioner and the respondent can be present at the hearing, and both can have legal counsel.
The court will use a variety of factors to determine if an order of protection should be issued, including the documents in the petition and the information presented from both sides during the hearing. If an order is issued, some of the restrictions and responsibilities could include:
- Restraining the respondent from committing acts of domestic violence
- Removing the abusing party from a shared home with the petitioner
- Excluding the offender from the victim’s home
- Awarding temporary custody or establishing temporary parenting time with regard to minor children of the parties with primary consideration placed on the safety of the children
- Establishing temporary financial support for minor children or a spouse
- Providing counseling and other social services to the parties or children
- Ordering the abusing party to participate in treatment courses or counseling
- Awarding temporary use and possession of property while restraining both parties from transferring, encumbering, concealing or disposing of property
- Excluding the offender from the victim’s work place and a reasonable area surrounding it
- Ordering the abusing party to have no contact with the victim, via telephone, electronic mail, social media, mail, messaging or a third party
- Ordering the abusing party to pay restitution
- Ordering the continuance of all currently available insurance coverage
- Ordering protection as deemed necessary, such as orders to law enforcement
- Directing the care, possession or control of a pet shared by the two parties
- Directing to respondent to refrain from physically abusing, injuring or threatening to harm a pet shared by both parties
Any relief granted by the order for protection would not be more than two years, except when the court determines a longer period is appropriate, according to Minnesota Statute 518B.01. If a person violates the order at any time, he or she could face criminal penalties.
Violating a Protective Order
Once a protection order is in place against a person, any violation could be considered grounds for criminal charges. This means even if the person invited the other to his or her home, it still could be a violation.
Violating a protective order, no matter the state or area in which it was issued, is considered a misdemeanor offense. This could mean a minimum of three days in jail, mandatory counseling and whichever other programs selected by the court, according to Minnesota Statute 518B.01. A violation also could mean contempt of court charges.
If a person violates an order of protection within 10 years of a previous domestic violence offense, he or she could be charged with a gross misdemeanor. This could mean a minimum of 10 days in jail and required counseling.
A person is guilty of a felony and may be sentenced to prison for not more than five years, a fine of not more than $10,000 or both if a person violates the order within 10 years of the first two or more previous domestic violence convictions or while possessing a dangerous weapon. A felony violation could mean a minimum of 30 days in jail as a condition of probation along with counseling and other programs.
Additional Resources
Minnesota Judicial Branch: Domestic Abuse and Harassment – Access the official website for the Minnesota Judicial Branch to view the Domestic Violence crisis line and access safety tips. You can learn what is considered domestic abuse under Minnesota law and view order for protection forms.
Minnesota Statutes: Domestic Abuse Act – Access the official website for the Minnesota Statutes to view section 518B.01 which constitutes the domestic abuse act. You can view information on orders for protection.
Apple Valley Order of Protection Lawyer | Dakota County, Minnesota
James Blumberg Law is dedicated to helping clients who are faced with various legal issues. If you have been accused of violating a protective order, contact James Blumberg at (952) 431-7758. He can help you build a strong defense against the charges and work to get a favorable outcome in your case. No matter the situation, James Blumberg can work with you.
Mr. Blumberg serves clients in Brooklyn Park, Woodbury, Bloomington, Eden Prairie, Burnsville, Lakeville, and several other surrounding communities. Don’t wait another moment to seek experienced legal counsel today.