An Order for Protection (OFP) is a court order designed to keep individuals safe from domestic abuse, harassment, or threats, but not all situations are the same.
If you are accused of violating an OFP in Minnesota, the consequences can be severe, even if you believe the violation was unintentional or a misunderstanding or if it’s a false allegation.
Understanding the penalties for OFP violations is critical to protecting your rights and your freedom. Contact a Martine Law attorney and get the help you need.
Here’s what you need to know.
How Minnesota Defines a Violation of an OFP
A violation occurs when someone subject to an OFP disobeys any of its terms. This can include:
- Contacting the protected person (by phone, text, social media, or in person).
- Going to their home, workplace, or school if prohibited.
- Failing to move out of a shared residence when ordered.
- Violating temporary custody or parenting time restrictions.
Even indirect contact, such as sending a message through a third party, can be considered a violation.
Criminal Penalties for OFP Violations
Minnesota treats OFP violations as criminal offenses. The penalties depend on whether it’s a first or repeat violation and whether aggravating factors are present:
- First Violation:
- Charged as a misdemeanor.
- Up to 90 days in jail and/or a $1,000 fine.
- Second Violation within 10 Years:
- Charged as a gross misdemeanor.
- Up to 1 year in jail and/or a $3,000 fine.
- Third or Subsequent Violations within 10 Years:
- Charged as a felony.
- Up to 5 years in prison and/or a $10,000 fine.
- Aggravating Circumstances:
- Violations involving assault, stalking, or use of a dangerous weapon can lead to enhanced charges and more severe penalties.
Collateral Consequences Beyond Criminal Penalties
In addition to jail time and fines, a conviction for violating an OFP can result in:
- Loss of firearm rights.
- Damage to your reputation and employment opportunities.
- Complications in family law matters, such as custody or parenting time disputes.
- Probation with strict conditions, including no contact with the protected person.
Defending Against an OFP Violation
If you are accused of violating an OFP, you have the right to defend yourself. Possible defenses include:
- Lack of intent: Showing that any contact was accidental or unavoidable.
- False accusations: Demonstrating that the alleged violation did not occur.
- Insufficient evidence: Challenging the proof the prosecutor has against you.
Having an experienced Minnesota criminal defense lawyer is crucial. They can investigate the allegations, represent you in court, and work to reduce or dismiss the charges.
Protect Your Rights After an OFP Violation Allegation
OFP violations carry serious consequences, but being accused does not mean you are automatically guilty. Acting quickly can make a significant difference in the outcome of your case.
If you’ve been accused of violating an order for protection in Minnesota, contact an experienced attorney right away to protect your freedom and minimize potential penalties.