Minneapolis Order for Protection Violations Defense
An Order for Protection (OFP) offers a person protection against a person in the household they feel is a threat to them and/or minor children. OFPs are frequently associated with domestic violence and domestic assault. If an act of domestic violence or assault has occurred or there is any sign of a threat, a person has the right to seek an OFP from a judge without you having a chance to defend yourself. This is called an ex parte order of protection. As soon as you do find out about the order, Ms. Speas is a Minneapolis order for protection attorney who can help you challenge it.
Helping you Challenge An OFP
Why would anyone want to challenge an OFP?
Many times, minor children are involved. This means a parent who has an OFP against them cannot see their children. This can be a very painful situation.
Other times, OFPs are obtained under false pretenses, but you have to stay away. Any time an OFP is obtained because of divorce, custody battle, revenge, or any other reason, it is important to ensure no violation takes place until it’s time to make your argument and possibly have the order thrown out through your use of the facts. Of course, Ms. Speas will be there with you every step of the way. As an OFP attorney, her goal is to gather up the facts and use them so you can get your life back.
Full Orders of Protection (OFP)
After an ex parte order for protection is issued, a full order can be issued. Full orders for protection can also be issued if a judge feels there isn’t sufficient evidence to issue an ex parte order. This results in a court case being scheduled within 14 days so that both parties can say what needs to be said. The judge uses this information to determine whether or not a full order for protection is needed.
When full orders for protection are issued, they are good for two years. If the alleged victim feels that additional protection is needed upon the expiration of the OFP, then the court can be petitioned to have the order extended.
If you violate the order while it’s in force, you can be arrested. If there are two or more violations in the past, then a judge can extend an OFP for up to 50 years. No violation for five or more years allows you to petition the court to modify the order. This involves giving the court proof that circumstances have changed.
Defending Against an Order for Protection (OFP)
If you are accused of violating an OFP, then you need a solid criminal defense to help you. If you already have domestic violence or domestic assault charges against you, the OFP violation is a separate offense. In other words, you are charged with a separate crime.
Even if you did nothing to warrant the OFP, it is imperative to obey its terms. This can be difficult, especially when the order is keeping you away from your family, but the goal is for Ms. Speas to use her skills as a Minneapolis order for protection attorney to help you secure the best possible outcome in the matter.
All it takes is an allegation of a violation of an OFP or harassment order and you will be arrested and charged with a crime. A violation of an order for protection or harassment order can vary from misdemeanor to felony and the penalties vary from jail, prison, fines, court-ordered counseling, and probation.
Contact A Minneapolis Order for Protection Attorney
Violating an order for protection is very serious because it can result in arrest and criminal charges filed. If you are accused of violating an OFP, it is important to fight the charge for the sake of preserving your record and your future. To learn more about how Jennifer Speas can help you, call 612-333-6160 to request a initial consultation.