An Order for Protection (OFP) is a form of restraining order that is sought where abuse or threats of abuse are alleged. The requirements for an OFP are actual physical harm; threat of physical harm; interference with a 911 call; forced sexual contact; or any sexual contact if the person needing protection is a minor. An OFP limits the contact...
A Harassment Restraining Order or Order for Protection is a civil filing, not a criminal case. Therefore, a HRO or OFP will not show up on someone’s criminal record. However, a violation of an OFP or HRO can result in a criminal conviction with either a guilty plea or a guilty verdict after a trial. A criminal conviction most certainly...
No contact can be ordered in a variety of forms: Domestic Abuse No Contact Order, Harassment Restraining Order, Order for Protection, and a standard No Contact Order. It can be ordered as a pretrial condition of release, or as a probationary condition. It can also be ordered where no criminal offense has been charged. Regardless of the form of the...
Generally speaking, yes. Anything that is filed through the court system is going to leave electronic records as well as copies of paper files and records in various places. The proper question to ask would be: Who can see it; and what can they see? First of all, Minnesota Court Rule 4 says that Domestic Abuse and Harassment records are...
Can the courts really kick someone out of his or her own house? Yes, in certain situations. The most common we see is where the person who solely owns or rents the residence is accused of domestic assault. The accuser, who is in a domestic relationship with the accused, may not be on the title or lease, but lives primarily...
There is an adage that says “There are three sides to every story: yours, mine, and the truth. And all three are right.” The sentiment behind this saying is that everyone can recall a particular event or circumstance differently, without any one of them being wrong. Differing memories, opinions, or impressions about the same event do not necessarily mean that...
Unfortunately, harassment of all types has been in the news recently. These behaviors range from childish and immature to dangerous and criminal. While protecting yourself from harassing or unwanted behavior is certainly important, understanding the difference between the common knowledge and legal definitions of harassment is important before determining an appropriate course of action. The common knowledge definition of harassment,...
Whether right or wrong, sometimes victims of domestic assault do not want their assailants to incur criminal charges and consequences. Police investigate these situations and provide their reports to prosecutors. It is prosecutors, and only prosecutors, who make decisions on whether to charge an individual with a crime, and how to resolve, dispose, or try a case. A prosecutor is...
You first need to determine what exact steps your ex has already taken. Has your ex made a report to the police? If so, the police may be trying to contact you to get your side of the story regarding your ex’s allegations. You should not speak to the police during a criminal investigation without first speaking to an attorney....
First of all, bail is an amount of money that a judge may set on a criminal case. If bail is set, then the bail amount must be posted to the jail before the accused can be released from custody. As long as the accused makes all of his or her court dates and abides by all conditions of release,...
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