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Orders of Protection
In a domestic abuse case, in addition to facing criminal charges, you could also be subject to an order for protection. The legal vehicle is a way to provide relief to a family or household member who alleges that you have caused them harm or injury, placed them in fear of such consequences, or committed an act of criminal sexual conduct against them. The order can place various restrictions on you. If you violate any of the terms, you could be charged with a misdemeanor, gross misdemeanor, or felony and could face penalties separate from those associated with the underlying domestic abuse offense.
If you've been served with a petition for an order of protection or you have been accused of violating conditions, you need a defense attorney on your side with the knowledge and skills to effectively handle your case. At Rogosheske, Rogosheske & Atkins, PLLC, our St. Paul lawyers have over 80 years of combined experience. We have handled tens of thousands of cases and have a solid grasp of the laws and legal processes concerning your rights. Being subject to an order for protection can be frustrating and stressful, and you might not know what you can do to challenge the allegations. Our team is here to answer your questions and skillfully guide you through the process, working toward a favorable result on your behalf.
Learn more about your legal options by calling us at (651) 413-9004 today.
The process for getting a protection order issued against someone begins with a petition to the court. The person seeking relief (called the petitioner) must state that they have been subject to domestic assault by their household or family member. The petitioner must also provide facts that support their claim that they require protection.
After the court receives the petition, it will schedule a hearing within 14 days. The proceeding is your chance to challenge the petitioner's assertion. You have the right to be represented by a lawyer during this proceeding. Our St. Paul order of protection attorneys will stand by your side from the beginning of the case until its conclusion. We'll help prepare for the hearing and present a compelling case to fight back against the allegations made against you.
In some cases, a protection order may be issued without a hearing first being scheduled. This type of order is known as an ex parte, and a judge can grant it if evidence exists that the petitioner is at risk of immediate danger. After you receive notice that an ex parte order has been issued in your name, you have the right to request a hearing to challenge it. It is important to exercise this right to seek to avoid restrictions being placed upon you.
What Conditions May Be Part of a Protection Order?
Depending on the circumstances, a judge may place any number of restrictions upon you as part of an order for protection. You must adhere to these completely; otherwise, you may be subject to criminal penalties.
A few examples of relief granted in a protection order include:
- Ordering the person named to refrain from committing a domestic abuse offense against the petitioner
- Ordering the person named to vacate a home they share with the petitioner
- Granting temporary child custody to the petitioner
- Ordering the person named to pay the petitioner child or spousal support
- Ordering the person named to participate in treatment or counseling services
A full order of protection is valid for up to 2 years. That means if you are subject to one, you must abide by the terms for some time, which can cause great hardships in your life.
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A violation of a protection order is a criminal matter.
The penalties include:
- Up to 90 days in jail, with a minimum sentence of 3 days, and/or a fine of up to $1,000
- A minimum of 10 days imprisonment and/or a fine of up to $3,000 for a gross misdemeanor charge that stems from a violation occurring within 10 years of a previous domestic abuse-related conviction
- Up to 5 years in prison and/or a fine of up to $10,000 for a felony-level offense triggered when the violation occurs within 10 years of 2 or more previous domestic abuse-related convictions, or the violation involved the possession of a deadly weapon
Call Rogosheske, Rogosheske & Atkins, PLLC for the Legal Defense You Need
Fight an order of protection or allegations of a violation with the help of our St. Paul lawyers. We'll take the time to learn about the circumstances from your perspective and develop a defense strategy tailored for your specific situation.
“I would definitely recommend him to anyone!” - Kasarra Adams
“I would highly recommend using him” - Alex “ABZofMN” Abler
“He’s well known and respected in Dakota County and gets the job done” - Logan Kent