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The issuance of a restraining order is serious and oftentimes frightening for all parties involved. In Minnesota, there are three orders a court can issue that prevents the respondent (the person named on the order) from endangering the petitioner (the person requesting the order):
An OFP is issued in situations where there have been allegations of domestic abuse as defined by Minnesota law. There are two types of Orders for Protection – ex parte orders and full orders. In Minnesota, unlike most other states, the law allows a judge to issue a long-term order on the petitioner’s first court date. The respondent must then complete the necessary paperwork to request a hearing to object.
When filing for an OFP, the judge will issue an ex parte temporary OFP if there is an “immediate or present danger of domestic abuse”. The order will be effective for a fixed time period set by the court. Once the court grants an ex parte order, there is no need to return to court unless you request a hearing; the judge decides not to grant you all the protection you requested; or the respondent requests a hearing once they are served with the order.
Most people think orders of protection apply to situations of domestic abuse or violence; however, they are available to anyone experiencing harassment, which is defined as intrusive or unwanted actions from another person.
You may be eligible for an HRO if you experience:
A Domestic Abuse No Contact Order is a specific order prohibiting one person from having contact with another. A DANCO order is issued on either a pretrial or probationary basis.
No contact orders may include some or all of the following:
Violating a DANCO is a serious criminal offense and may result in possible jail time of up to five years and increased legal fees for the defendant. It is possible to violate a DANCO accidentally, especially if there are children involved. It is possible to have a DANCO removed but it’s a complicated process and involves petitioning the court.
Whether you’re a petitioner or respondent to any type of restraining order, it’s important to retain legal counsel with a licensed attorney. The dedicated family law attorneys at Barna, Guzy & Steffen can help guide you through the process and protect you and your rights.
Please call our offices to inquire about making an appointment to speak with an attorney. The knowledgeable staff will be able to answer your questions regarding the appointment and make sure that everyone is prepared for the initial consultation.
While some attorneys have free initial consultations, there are some areas of law that require a small fee for an initial consultation. You will be informed of any and all fees associated when you call to make an appointment.
Our attorneys offer highly sought-after professional services for which there is an associated fee. These fees will be discussed in your initial consultation.
Billing and payments are determined by individual attorneys who will discuss these issues with clients at their initial appointments.
Our attorneys and staff are professionals experienced in providing legal services with efficiency and the utmost of client confidentiality. Trust, dedication, and professionalism are essential to the success of any business relationship. We believe these characteristics are the essence of integrity, and we strive to nurture these values within our firm. Since our inception, the attorneys at Barna, Guzy & Steffen have been committed to providing comprehensive legal services within the framework of professional excellence.
Listen to your Miranda Rights.
Request to speak with an attorney in private. Your Miranda warning will be read to you by the arresting officer. It is very important that you pay attention to every word of these rights.
If you are placed under arrest, the officer has most likely completed an investigation leading to the belief that there was probable cause that you committed a crime. At this point, the officer has made their decision. Do not think that you could say or do anything to change the officer’s mind.
Do not resist arrest. Resisting arrest could subject you to further criminal charges if you go too far. Additionally, your attitude toward the arresting officer, if negative or volatile, will be presented as supporting a guilty verdict. In general, juries do not react favorably to a person who fights with police and will most likely see this is as evidence of guilt.
If convicted, the prosecution could use any negative conduct to support a harsher sentence. In short, displaying aggressive behavior toward police will only cause trouble. Even if you are scared, angry, or are experiencing high anxiety, you must maintain composure and politely request to speak to an attorney in private.
The law firm of Barna, Guzy & Steffen offers dedicated attorneys who effectively and efficiently handle your legal needs with the highest level of professionalism.