Order For Protection Attorney in Anoka, Minnesota
An order for protection orders an individual to stop alleged abuse. They also cannot communicate with the alleged victim, visit the victim’s home, or the victim’s place of employment. These orders are typically granted when a person and/or their children have been victimized through domestic violence. Mr. Peterson is a highly experienced Minnesota family law attorney who can help you acquire an order for protection or defend yourself against one.
Protecting Clients In Domestic Violence Situations
If you are in a domestic violence situation, you can obtain an order for protection. Under Minnesota law, the following are considered acts of domestic abuse:
- Verbal abuse
- Physical abuse
- Threats and intimidation
- Mental abuse
The abuser has to be in a “significant relationship” to the alleged victim, which means the abuser can be a spouse, former spouse, a person you have cohabited with in the past, a blood relative, a past romantic relationship, or the parent of your child regardless of marriage in the past.
If there is not a significant relationship with the individual who assaulted you, you can obtain a harassment restraining order in order to keep that individual away from you. It works much in the same way as an order for protection. The main difference is that the person named in the order is not family.
Effective Defense Against Orders For Protection
If you have been named in an order for protection, you have the right to defend yourself against it. In the meantime, it is important to abide by the terms of the order because a violation can lead to you serving time in jail and/or paying high fines.
Even if the order for protection is violated accidentally, you could still have to pay the penalties. The penalties for an order for protection violation are up to 90 days in jail and a fine of up to $1,000. You could be taken into custody immediately because an order for protection violation constitutes contempt of court. Repeated violations could result in a felony charge, which can lead to a fine of up to $10,000 and long-term imprisonment.
If you have been named in an order for protection, a hearing will be held and you can be heard at this hearing. In the meantime, it is a must that you comply with the order whether it has merit or not. You will receive the guidance that you require by your experienced Anoka family law attorney so you can effectively challenge the order. If you are being kept away from your home and/or your children, successfully challenging the order will give you the outcome you need to move forward without the fear of violating a protection order.