
If so, contact Brandt Kettwick Defense. Our team has been handling criminal cases for over 30 years in the Minneapolis, MN Twin Cities area. Orders of protection are the civil equivalent of a criminal domestic abuse case, but have criminal consequences when violated. An order for protection is filed when someone alleges domestic abuse and asks the court to prevent the other person from contacting them for their safety or the safety of their children.
If you have been served with an order for protection you are entitled to have a hearing where the person who filed the petition has to prove that there was domestic abuse. Having an experienced criminal defense attorney is the best way to challenge the order for protection and minimize its impact on your life.
Violating an order for protection starts out as a misdemeanor. The penalties for violating an order for protection can include:
- Minimum of three days in jail
- Court mandated counseling
- If you knowingly violated the order within 10 years of a previous qualified domestic violence offense it becomes a gross misdemeanor and you could be subject to:
- Minimum of ten days in jail
- Court mandated counseling
- If within 10 years of the first offenses you have 2 or more order for protection violations, or if you violate an order for protection while possessing a dangerous weapon, the offense can be raised to a felony and you could be subject to:
- Minimum of thirty days in jail and up to five years in prison
- Up to a $10,000 fine
- Court mandated counseling
If you violate an order for protection the court will issue an order for you to appear in court. Having an experienced criminal defense attorney is the best way to minimize the impact this will have on your life. Our team at Brandt Kettwick Defense will guide you through this process and handle your case from start to finish.
Contact us today to schedule your free consultation at 763-421-6366.
Order for Protection Information & Guides
All penalties listed below are the maximum penalty that can be imposed under Minnesota Law unless otherwise specified.
The penalties for violating an order for protection depend on the person’s criminal history.A person who violates an order for protection is guilty of a misdemeanor.
- Upon a misdemeanor conviction, the defendant must be sentenced to a minimum of three days imprisonment and must be ordered to participate in counseling.
A person who knowingly violates this subdivision within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor.
- Upon a gross misdemeanor conviction, the defendant must be sentenced to a minimum of ten days imprisonment and must be ordered to participate in counseling.
A person who knowingly violates an order for protection:
- within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency OR
- while possessing a dangerous weapon is guilty of a felony and may be sentenced to up to 5 years in prison and/or a $10,000 fine.
(Minn. Stat. § 518B, Subdivision 14)
A person who violates an order for protection issued by a judge or referee is guilty of violating an order for protection.
If you have been charged with violating an order of protection, you should do two things:
1. Contact a criminal defense attorney; and,
2. Do NOT talk to the cops.
Only in extremely rare circumstances do we recommend communicating with the cops and any decision to do so should be made with the advice of counsel and with an attorney that has experience in violations of orders for protection present.