Orders for Protection (OFPs) and Harassment Restraining Orders (HROs) are important legal procedures that can be used to provide safety to someone who feels they are in danger. But sometimes, these orders can be filed frivolously as part of a messy divorce, or filled with false accusations. If you are served with either an OFP or an HRO, it’s crucial that you contact an experienced defense lawyer like those at Martine Law immediately. We have the experience to defend your rights and prevent the worst consequences of a frivolous restraining order from affecting your life.
Minneapolis
Orders for Protection & Harassment Restraining Orders Lawyers
Our Minneapolis OFP & HRO Defense Services
In Minnesota, both OFPs and HROs are sometimes referred to as “restraining orders,” but they are actually different documents that are governed by entirely different statutes.
- An Order for Protection protects someone who has been subject to domestic abuse or is in fear of being abused. These are often brought against a spouse during a divorce.
- A Harassment Restraining Order protects someone who is being harassed or stalked. These are often brought in stalking cases.
In both cases, the petitioner (the person who filed the order) claims that the respondent (the person being restricted by the order) has made them unsafe. The order can restrict the respondent from being physically near the petitioner, as well as prevent them from communicating over the phone or online.
Violating an OFP or HRO can result in criminal charges, potentially even a felony. However, there are other consequences to consider as well. In the case of a divorce or a custody dispute, an OFP or HRO might be considered evidence that you are a danger to your children. We have also seen in our experience that there can be significant social stigma involved.
The good news is that both OFPs and HROs can be contested. The procedure for defending against these two orders is quite different, but in both cases you are entitled to a hearing, where you can present counter-evidence and cross-examine the petitioner. Here are some of the most common defenses respondents can use to challenge an OFP or an HRO:
- The claims in the order are not true: You can provide documentary evidence or testimony that the claims made in the order are false, and you can also cross-examine the petitioner to identify inconsistencies in their testimony.
- The claims in the order are taken out of context: The information the petitioner provided might be missing some important context that will put the situation in a different light. In the case of an HRO, for example, the petitioner might claim that you have been calling them repeatedly and demanding to talk to them. If you can prove that they have been calling you repeatedly as well, the situation starts to look more reciprocal.
- Your actions were misinterpreted: Miscommunication, misinterpretation, and mistaken identity are often causes of the disputes that lead to an OFP or HRO. Taken out of context, some statements can sound threatening when that was not your intent.
- There is no imminent threat: A petitioner must demonstrate that they are in immediate danger in order for an OFP or HRO to be filed. You can provide evidence to demonstrate that you are not a threat to the petitioner.
- The petitioner has an ulterior motive: Proving that the petitioner has an ulterior motive for filing the order can go a long way toward discrediting their claims. This is a common defense when the order is being filed during a divorce or custody dispute.
At Martine Law, we understand that the system can sometimes be weaponized for an individual’s purposes. We also understand that there are two sides to every story. We use our decades of experience to defend your rights and keep the government, and everyone involved, honest.
What Our Clients Say
“Xavier was so helpful during an unfortunate time in my life, very easy to talk to and non-judgmental! He was very thorough and professional in regards to my case, which ultimately led to a great outcome.”
Amber P.
“I got into a lot of trouble a few years back. Xavier Martine was fantastic, both inside the courtroom and out. He kept me out of jail and allowed me a path to get my life back on track.”
Tyler Z.
“After trying to go pro se and litigate for myself I realized I needed professional help. The amount of stress and doubt I had been carrying was immediately gone. He fought for me and worked with me to finally get time with my son.”
Mark D.
“The Martine Law team was absolutely amazing, compassionate & caring. I didn’t feel like I was alone, and I always had support from someone who knew the system. I am looking forward to being a happy father and spending quality time with my daughters.”
Matthew S.
Our Minneapolis OFP & HRO Case Process
STEP ONE:
Call (612) 979-1305 to speak to an Intake Specialist. We’re available 24/7.
STEP TWO:
We’ll discuss your situation and desired outcomes, and determine if we can help.
STEP THREE:
If we’re a good fit, we’ll fight to get you the best results possible!
Frequently Asked Questions
What is an Order for Protection (OFP)?
An Order for Protection (OFP) is a legal order issued by a court to protect victims of domestic abuse from further harm. It can include provisions such as no contact, exclusion from the home, and temporary custody of children.
What is a Harassment Restraining Order (HRO)?
A Harassment Restraining Order (HRO) is a legal order designed to protect individuals from harassment, which includes repeated, unwanted contact or behavior that causes fear or distress.
Can I contest an OFP or HRO in court?
Yes. In both cases you have the right to a hearing in which you can present counter-evidence and cross-examine the person who filed the order. An attorney can help you gather evidence, present your case, and argue against the issuance or continuation of the order.
What are the consequences of violating an OFP or HRO?
Violating an OFP or HRO can result in criminal charges, which may include fines, jail time, and a permanent criminal record. It is essential to strictly adhere to the terms of the order until you and your attorney are able to get the order lifted.
Can an OFP or HRO be modified or terminated?
Yes. An OFP or HRO can last up to 2 years. During this time it can be modified or terminated if circumstances change, or if it can be shown that the order is no longer necessary. A lawyer can help you file the appropriate motions to request a modification or termination.
Areas Served
- St. Paul
- Minnetonka
- Bloomington
- St. Louis Park
- Brooklyn Park
- Maplewood
- Plymouth
- Richfield
- Lakeville
- Roseville
- Blaine
- Inver Grove Heights
- Maple Grove
- Brooklyn Center
- St. Cloud
- Shoreview
- Eagan
- Rosemount
- Burnsville
- Chanhassen
- Eden Prairie
- White Bear Lake
- Apple Valley
- Farmington
- Edina
- Lino Lakes
- Fridley
- Mankato
- Chaska
- Isanti
- Cambridge
- Litchfield
- Rochester
- Savage
- Elk River
- Big Lake
- Waseca
- Buffalo
- Champlin (Incl. Hassan Township)
- New Brighton
- Mounds View
- Crystal
- Vadnais Heights
- Golden Valley
- Annandale
- St. Michael
- North St. Paul
- Hastings
- Mendota Heights
- New Hope
- Little Canada
- West St. Paul
- Arden Hills
- Northfield
- Mound
- South St. Paul
- St. Anthony
- Sartell
- Minnetrista
- Hopkins
- Waite Park
- Robbinsdale
- Dayton
- Rogers
- Lake Elmo
- Coon Rapids
- Andover
- Carver
- Red Wing
- Hutchinson
- Faribault
- Shakopee
- Prior Lake
- Jordan
- Richmond
- Owatonna
Hire an Experienced OFP & HRO Defense Lawyer in Minneapolis Today
Being served with an OFP or HRO can be an isolating and stressful experience. But with Martine Law on your side, you can rest assured that your voice will be heard in court, and that we will not rest until we have secured the best possible outcome for you. Contact us today to speak with an Intake Specialist.
