Everyone is familiar with the basic idea of a restraining order. Yet, despite this basic knowledge, it can be difficult for people involved in a domestic family incident to understand the exact nature of these court orders.
A restraining order is much more than just a piece of paper. It gets the full authority of the law on the victim’s side, gives other people notice of the danger, and creates legal obligations for alleged abusers.
What is a Restraining Order?
A restraining order or protective order is an order issued by the court to protect a person in a situation involving alleged domestic violence, harassment, stalking, or sexual assault. It is a temporary court order issued to prohibit an individual from carrying out a particular action, especially approaching or contacting a specified person.
There are different restraining and protection orders in which a court can order one person to have no contact with another person. There may be civil or criminal penalties if the other person disobeys a restraining order.
Types of Restraining Orders
Three types of protection orders are issued by Minnesota courts. The main differences between them are the issuing court and initiating party.
Domestic Abuse No Contact Orders (DANCO)
The Domestic Abuse No Contact Order (DANCO) is considered a criminal type of restraining order. It must be initiated by the State or the Prosecutor, and it requires a hit confirmation by law enforcement.
Domestic Abuse No Contact Order (DANCO) files must include a photo of the offender whenever possible, which has been verified by the court. Unless the court prohibits it, law enforcement may provide a copy of the picture to the victim along with the data describing the no contact order to help enforce the order.
Orders for Protection (OFP)
Orders for Protection (OFP) are issued through a civil process at a petitioner’s request. There are two different types of Order for Protection:
Ex Part Order for Protection
The Ex Part Order for Protection is issued immediately if there is an immediate and present danger of domestic abuse. It is granted without hearing the abuser’s side of the history.
Full Order for Protection
The Full Order for Protection may be issued during a court hearing, and both sides have the opportunity to tell their side of the story. In most cases, an Order for Protection will last two years. However, restraining orders can take up to 50 years.
Harassment Restraining Orders (HRO).
Harassment Restraining Orders (HRO) are issued through a civil process at a petitioner’s request. The harassment restraining order is issued against a harasser, regardless of the petitioner’s relationship to them. It can order them to stop harassing the petitioner and to have no contact with them.
Criminal Defense In Charges of Restraining Orders in Minnesota
The experienced team at the Law Office of Judith Samson is ready to help anyone in need of legal assistance and criminal defense in charges related to Restraining orders in Minnesota.
No matter if you need help to file for a restraining order or you have been charged with violating a restraining order, our experienced team is ready to assist you with your case.
Minneapolis Criminal Defense Attorney Judith Samson
With over 20 years of experience, Judith Samson and her team work tirelessly to provide a welcoming and trustworthy environment while preparing the defense case for her clients, always providing honest and straightforward options with realistic outcomes.
Call (612) 333-8001, email us at [email protected] or complete the online form. Our phones are available 24 hours a day, 7 days a week. Judith Samson represents people throughout the State of Minnesota and can meet you anywhere, anytime.
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
