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Order for Protection (OFP) Defense

Protecting Your Rights: Understanding Order for Protection (OFP) in Minnesota

Receiving an Minnesota Order for Protection can cause nightmares. Oftentimes, you may be required to move out of your own home, banned from regular activities, and face severe consequences.

We’ll delve into the world of Minnesota Orders for Protection, what they entail, and why you should consider seeking legal assistance from a Minnesota Order for Protection experienced attorney. If you find yourself in such a situation, don’t hesitate to contact us today to get started on your Minnesota Order for Protection.

What is an Order for Protection (OFP)?

In Minnesota, an OFP is a court order prohibiting someone from going within a range of the petitioner’s residence, workplace, or other designated areas. A Minnesota Order for Protection will also disallow contact with the protected party. Violation of otherwise innocent conduct becomes a crime. In Minnesota, there are various attorneys who handle OFP cases, but what sets us apart is our commitment to defending you against the accusations lodged against you. We believe that an attorney should focus on resolving factual disputes rather than merely litigating civil procedures. Our track record includes successful cases against some of the largest law firms in Minnesota.

Grounds for an Order for Protection

Before an Order for Protection is issued, the petitioner must establish two key elements. First, they must prove that you are a family or household member. These include spouses, parents and children, blood relatives, cohabitants, individuals with a child in common, pregnant women and the alleged fathers, and those involved in a significant romantic or sexual relationship.

Second, the petitioner must demonstrate that domestic abuse occurred. Under Minnesota Order for Protection Statute 518B.01, Domestic abuse encompasses physical harm, bodily injury, assault, fear of imminent harm, terroristic threats, criminal sexual conduct, sexual extortion, and interference with an emergency call. This broad definition encompasses various actions, including threats and coercive behaviors that may not fall under conventional definitions of assault.

What to Do When Served with an OFP in MN?

If you receive an Order for Protection in Minnesota, it’s crucial to act swiftly. You have just 20 days to request a hearing, or you risk waiving your right to one. To protect your rights, consult an experienced Order for Protection Minnesota attorney immediately.

Understanding Ex Parte Orders for Protection

An Ex Parte Order for Protection is granted by the court without a hearing or a chance for you to defend against the allegations. Failure to contest within 20 days of service results in the Ex Parte order becoming a full Minnesota Order for Protection. It’s important to note that judges often sign Ex Parte orders without thoroughly evaluating the petitioner’s credibility or hearing your side of the story.

Relief Requested by the Petitioner

In addition to seeking protection for themselves, petitioners can request relief on behalf of their children. This may include child support, custody, restitution, forced treatment or counseling for domestic abuse or chemical dependency, and firearm relinquishment in a Minnesota Order for Protection.

Firearm Possession Restrictions in Minnesota

One significant consequence of being subject to an Order for Protection (OFP) in Minnesota is the restriction on firearm possession. This is not only a matter of state law but also has implications under federal regulations, making it crucial for individuals in Minnesota to grasp the implications.

Federal Law and Firearm Possession in Minnesota

Under federal law, individuals who are subject to any court order that prohibits specific behaviors against domestic parties, as defined earlier, are federally banned from possessing firearms. This federal regulation is consistent across all states, including Minnesota, and serves to safeguard the safety of domestic violence victims and prevent potential escalation of dangerous situations.

Minnesota-Specific Considerations

In addition to federal regulations, Minnesota has its own set of laws that pertain to firearm possession under an OFP. These state-level laws complement and reinforce the federal restrictions. It’s important to note that Minnesota takes firearm possession under an OFP very seriously, and violations can result in both state and federal charges.

Impact on Your Rights in Minnesota

The prohibition on firearm possession in Minnesota extends to various aspects of firearms. It not only pertains to owning firearms but also includes possessing, transferring, or accessing firearms in any way during the duration of the OFP. This comprehensive approach underscores the need for individuals under an OFP to fully comprehend the scope of the restriction. Learn more about the restoration of rights to possess firearms in Minnesota.

Compliance with the Law in Minnesota

To ensure compliance with both federal and state laws, individuals under an OFP in Minnesota must take proactive steps. This typically involves surrendering firearms to a designated authority, such as local law enforcement or a licensed firearms dealer, as specified by the OFP.

Duration of Orders for Protection

In most cases, Orders for Protection in Minnesota last for a two-year period. However, under certain circumstances, a judge or referee may extend this duration, though such relief is rarely granted.

Violating an OFP: Consequences

Violating an OFP is both a crime and an enhanceable one, unlike a Harassment Restraining Order (HRO). Prior violations can result in more severe consequences for subsequent violations, making it crucial to understand and adhere to the terms of your OFP. Violation of a Minnesota Order for Protection can also enhan enhance  future domestic crimes.

In conclusion, facing a Minnesota Order for Protection can be a daunting experience, and it’s vital to take immediate action to protect your rights and reputation. If you find yourself in this situation, contact us today to get started on your Order for Protection case. Our experienced attorneys are here to help you navigate the complexities of OFP proceedings and work tirelessly to ensure the best possible outcome for you. Don’t wait; reach out to us today and take the first step toward securing your future. Your peace of mind is our priority.

Shek Law LLC | Minnesota DWI & Criminal Defense Attorney

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