An Order for Protection is a civil order that provides protection from harm by a family or household member usually filed in conjunction with a domestic assault allegation. You could be facing a misdemeanor criminal charge which is enhanceable. If you are charged with a second violation, it will be charged as a Gross Misdemeanor, which carries a sentence of 1 year and or a $3,000 fine. Contact me today to schedule a free initial consultation.
Contact Judith Samson if you have been hit with an Order for Protection Or if you are the Petitioner seeking an OFP.
Although an Order for Protection can offer the alleged victim protection from the alleged defendant, they are often filed under false pretenses and before the case have even seen the courts. What this means is that you could be looking at an order for protection even if you are innocent of the crime.
There are two different types of Order for Protection – the Ex Parte Order for Protection and the Full Order for Protection.
If the judge finds that there is an immediate and present danger of domestic abuse, you may be looking at an Ex Parte Order for Protection. An Ex Parte Order for Protection can be granted without the alleged abuser telling his side of the story. However, even though this seems incredibly unjust, you will need to obey the Order for Protection conditions to risk further punishments. A Full Order for Protection may be issued during a court hearing where both the alleged victim and the alleged abuser are present. You will have a chance to explain your side of the story before the judge will come to a decision.
What is at Stake? Order for Protection Legal Advice
If you are issued with an Order for Protection, you could be looking at the following consequences:
- Be forced to stay away from the alleged victim as well as any minor children
- Be removed from and stay away from the home where you both live or the place where you are currently staying
- Be ordered to stay away from the alleged victim’s place of work
- Be ordered not to contact the alleged victim by phone, email, mail or any other electronic devices or through another person
Under an Order for Protection, you could also lose custody of your children, face counseling or treatment and lose your home or other shared possessions. A lot is at stake when facing an Order for Protection which is why you need to get the best legal advice during this difficult time.
In most instances an Order for Protection will last two years. However, if there is a history of abuse, you could be looking at a restraining order for up to 50 years. Furthermore, if you do violate your Order for Protection, you could be facing a misdemeanor conviction.
Fight Back against an Order for Protection or looking to file and OFP or Restraining Harassment Order – Contact Minnesota Criminal Lawyer, Judith Samson Today
An experienced criminal defense lawyer will be able to assess your case and determine your best legal defense. Judith Samson, will make sure your best interests and legal rights are protected during an Order for Protection or domestic abuse case. You do not want to risk your home, your children and your future. For sound legal advice and a free initial consultation, contact Judith Samson, Minnesota Criminal Lawyer at 612-333-8001. Contact me today to schedule a free initial consultation.