Minnesota No Contact Order & Restraining Order Attorney

Order For Protection Lawyer & Restraining Order Attorney Serving Minnesota

If you need an attorney to fight or lift a no-contact order or OFP in Minnesota, you are in the right place. An order for protection, or OFP, is a civil order that gives a person and/or their minor children protection from harm by another person in the home. When an order is issued against someone, that means they cannot return to the home or have any contact with the alleged victim and/or their children. If this is what is happening to you, it is important to secure the representation of a Minnesota order for protection lawyer who is well-versed in no contact orders and how to fight them.

The other type of no contact order is the restraining order, which can be obtained by a non-family member against someone they feel is a threat to them.

Charles Segal has the experience you need in your corner every step of the way, helping you challenge the OFP or restraining order so that you can move past the matter. He can also defend you against the accusation that you violated the no contact order, as violations result in a criminal charge.

A Powerful Advocate In Your Corner

If a judge feels a domestic situation is an urgent one, an Ex Parte Order for Protection may be issued. An Ex Parte Order is granted without the person being named in the order being given the opportunity to defend themselves against the order. This may not seem fair, but it is imperative to obey the order. The same goes for restraining orders that are issued based on what appears to be an immediate need. You must obey or you could face a criminal charge.

The full order for protection is issued during a court hearing where both parties can tell their sides of the story. This is where you will have the opportunity to give your side before the judge makes a final decision. You don't want to skip this step since an order for protection can last for a long time. Accidental violations could occur while the order is in effect.

All in all, there is a lot at stake. You could lose custody of children, face counseling, or lose any possessions you share with the other party. You need the best legal advice from a Minnesota order for protection lawyer so that you can make informed decisions and understand what is happening in your case.

You Can Fight Back

No matter the reason behind the order, know that you have the right to fight back. Any criminal charges that may have been filed against you are separate from this civil matter. However, a violation, even an accidental one, can result in another criminal charge. That is why you need Charles Segal in your corner. He will give you the guidance you need so you can have the confidence and peace of mind required to navigate this case and any criminal matters you may be facing.

Contesting An Order For Protection (OFP) Hearing

Under Minnesota's Domestic Abuse Act, an OFP is a civil order a family or household member can seek against you. After an ex parte order is granted, the court sets a hearing where both sides can present evidence and testimony before a judge decides whether to issue a full order. That hearing is your opportunity to tell your side of the story, question the allegations, and present witnesses or documentation. A full OFP can remain in effect for up to two years, and in some circumstances longer, so what happens at the hearing matters for a long time.

Because an OFP often arises from the same incident as a criminal domestic case, the two matters move through separate courts at the same time. Charles Segal can help you contest the OFP while also addressing any related criminal charge. Learn more about how these cases connect on our domestic violence defense page.

Harassment Restraining Orders (HRO)

A Harassment Restraining Order, or HRO, is the type of restraining order a non-family member can seek when they feel someone is harassing them. Unlike an OFP, an HRO does not require a family or household relationship between the parties, so it can involve neighbors, coworkers, former friends, or acquaintances. Minnesota law defines harassment to include repeated unwanted acts, words, or gestures that have a substantial adverse effect on the other person's safety, security, or privacy.

Being named in an HRO can affect where you can go, who you can contact, and in some cases your ability to possess firearms. As with an OFP, you have the right to request a hearing and challenge the order rather than let it stand by default. A violation of an HRO is a separate criminal matter, so obeying the order while you contest it is essential.

Lifting A DANCO After A Domestic Charge

A Domestic Abuse No Contact Order, or DANCO, is a criminal no-contact order a court issues after a domestic-related charge, often as a condition of release or probation. A DANCO can bar you from contacting the alleged victim and from returning to a shared home, even when both parties want to be in contact. It is issued within the criminal case rather than through a separate civil petition.

Only the court can modify or lift a DANCO, and the alleged victim's wishes alone are not enough to end it. Charles Segal can ask the court to modify or vacate a DANCO where appropriate and explain the consequences a violation carries, since a violation is charged as a new crime separate from the underlying case. If your DANCO stems from a domestic charge, our domestic violence defense page explains how that charge and the no-contact order are handled together.

Contact A Minnesota Order For Protection Lawyer

Finding out that you have been named in an order for protection, or no contact order, can be very difficult, but it is important to not violate the order to avoid a criminal charge. Fortunately, you will have an opportunity to defend yourself against the order. With a competent defense lawyer in your corner, you will have the guidance and advocacy you need to make that happen. To learn more about your rights and options, contact Segal Defense, P.A. at 612-299-1110 to request a free consultation.