Under Minnesota and other states’ laws, a restraining order carries the same weight as any other court order. Some court orders are filed under false pretense, in which case you may feel motivated to disregard them. The law doesn’t care much about how the order was filed.
It only cares that the order is in place, and its violation could have you facing legal consequences. In such a case, speaking to criminal defense lawyer Omeed Berenjian can help you make a case for yourself.
If you have unknowingly violated the terms of a restraining order and found yourself on the wrong side of the law, this guide can help you understand your options.
What Is A Restraining Order
A restraining order is a court mandate that limits contact or communication between the parties involved. Restraining orders can be under different names, such as protective or protection orders.
The terms of the order will depend on the circumstances and the reason for which it is sought.
Types Of Restraining Orders
Protective orders can be emergency, preliminary, or permanent. Emergency protective orders are orders issued in emergency situations, such as when the victim feels threatened by the perpetrator.
This protective order is temporary and issued after following a law enforcement officer’s request without giving the restrained person a chance to respond to the allegations. It allows the victim more time (at most 72 hours) for relative protection as they work on a long-term solution that requires going through a court hearing.
Preliminary protective orders are temporary but are issued by the judge after the victim files a petition. It seeks to protect the victim for the duration of the hearing process, which can last from a few weeks to months.
Unlike the emergency protection order, the abuser is notified and given a chance to respond. A permanent protection order is issued after a hearing, and the judge determines that the accused should be prohibited from contacting the victim.
What Happens After a Violation
You can be held in contempt of court for violating any term of the protective order, such as being near the victim, calling, sending text messages, emails, letters, and creating social media posts.
The court would not know of your violation unless the victim or someone else reports it. When they do, you will likely be contacted by the police, who can issue a warning or take you into custody, depending on the circumstances of your violation.
In worst-case scenarios, you may face charges for the violation, which can result in criminal penalties and an amendment of the restraining orders to make the terms stricter. The law can still take its course even when someone else reports it, and the victim doesn’t want to press charges.
Penalties For Violating Restraining Orders
Violating a restraining order in Minnesota can be a misdemeanor or a felony, depending on your criminal history and the circumstances surrounding the violation.
For misdemeanor protective order violations, an offender will have up to 90 days in jail and fines of up to $1,000. You get up to one year and up to $3,000 in fines for gross misdemeanors. For felonies, you could get up to five years in prison and up to $10,000 in fines.
Given the consequences of a violation, it’s important to ensure you do not take any chances with your case. So, ensure you have legal representation even when you feel you made an innocent mistake.
The law may not interpret your mistake as such, and only a skilled criminal defense lawyer can help present your case in a manner that has a high chance of producing favorable outcomes.
Conclusion
Violating a restraining order can lead to serious legal consequences, including jail time and hefty fines, regardless of the circumstances. Even if the order was issued under false pretenses, the law treats violations strictly.
It’s crucial to seek legal representation to navigate the complexities and protect your rights, as a skilled lawyer can help mitigate potential penalties and ensure a fair process.
