If an order was in place by Minnesota courts limiting your contact with another person, and you are alleged to have violated that order, you face a restraining order violation. Minnesota laws are tough on these kinds of cases, and prosecutors and judges are not likely to cut you a break without a fight. To get fair treatment and justice, you need the help of an experienced MN criminal defense attorney.
Restraining orders do many things. A violation of even one section of the restraining order can bring you additional criminal charges. Even if you believe the restraining order was an error, you can still be charged if you violate it.
A restraining order is a legal order from the court. This means if you violate it, you are (allegedly) blatantly ignoring the desires of the court, which is part of the reason that these cases require aggressive defense.
You may feel that you should not be facing these charges at all. Or maybe you made a mistake you now regret. In either case, we are on your side, and we can help. We have helped many people in the criminal courts of Minnesota facing a variety of criminal accusations.
We can make sure your rights are protected at every stage of the criminal process and help you tell your side in court. We want to be the advocate on your team when it comes time to go before the judge.
Minnesota Restraining Order Violations – Laws & Penalties
There are several types of restraining and protection orders in Minnesota. An order can be put in place because of alleged domestic violence or harassment and stalking. It may be a short term temporary order or perhaps you have already been to a hearing and it is a long term order.
Regardless of the reason for the order, once it is in place, you must abide by all the terms or risk further criminal prosecution.
Generally, violation of a protection or restraining order is a misdemeanor punishable by up to 90 days in jail and fines reaching $1,000. However, the circumstances surrounding the incident as well as your criminal history can play a role in elevating that charge.
For instance, if you have a domestic violence conviction within the past ten years, your violation will be charged as a gross misdemeanor and carry a potential sentence of up to 1 year in jail and fines up to $3,000.
If, however, you have two or more qualifying domestic violence convictions within the past ten years, your violation could constitute a felony charge. If you are charged with felony violation of a protection or restraining order, you could face up to five years in prison and $10,000.
Additional circumstances that can lead to felony violation of a restraining order include:
- Possession of a firearm at the time of the violation,
- False impersonation of another,
- Violation where the victim is under 18 years old and you are greater than 3 years older,
- Acting in violation because of the alleged victim’s age, color, national origin, sex, sexual orientation, religion, or disability.
With such violations, the judge may order you to counseling or other programming (particularly in domestic violence circumstances).
Get a Free Consultation On your Restraining Order Violation Charge in MN
If you are facing a criminal charge of a restraining order violation, you need the best defense you can find in these difficult circumstances. Our attorneys know what to look for, what to expect, what is likely to work, and what isn’t in defending against criminal offenses like these. Call to discuss your case today.