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Violation of Protective Order

In cases of alleged domestic abuse, court orders limiting the contact that alleged offenders can have with alleged victims carry some enormous restrictions. More importantly, any violation of one of these court orders can have significant criminal consequences.

There are essentially three types of protective orders issued by courts in Minnesota, and the type issued depends on the alleged victim’s relation to the alleged offender and whether the order is being sought by an alleged victim or a prosecutor. Alleged offenders should never assume that statements from alleged victims expressing no desire to press charges means any violations of these orders will not be taken seriously, as prosecutors and judges both take extremely harsh views towards these kinds of offenses.

Apple Valley Violation of Protective Order Lawyer

Have you been arrested for allegedly violating some type of protective order in Minnesota? You should make sure that your side of the story gets heard in the courtroom and you give yourself the best possible defense against these charges.

Dakota County violation of protective order attorney James Blumberg of James Blumberg Law aggressively defends clients all over the Minneapolis-St. Paul area, including Plymouth, Coon Rapids, Blaine, Maple Grove, Eagan, St. Cloud, Minnetonka, and more. We will provide a complete evaluation of your case as soon as you call (952) 431-7758 right now to schedule a free, confidential consultation.


Minnesota Violation of Protective Order Information Center


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Violations of Orders for Protection in Dakota County

An order for protection (OFP) is issued against alleged offenders who have committed domestic abuse against a family or household member. Under Minnesota Statute § 518B.01 (otherwise known as the Domestic Abuse Act), family or household members can include any of the following:

  • Spouses and former spouses;
  • Parents and children;
  • Persons related by blood;
  • Persons who are presently residing together or who have resided together in the past;
  • Persons who have a child in common regardless of whether they have been married or have lived together at any time;
  • A man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and
  • Persons involved in a significant romantic or sexual relationship.

In addition to attempting to prevent the alleged offender from committing future acts of domestic abuse, OFPs can grant many other forms of relief for alleged victims that place a significant number of additional restrictions on alleged offenders. This can include but is not limited to removing alleged offenders from shared residences, awarding child custody to alleged victims, and prohibiting alleged offenders from possessing firearms while these orders are in effect.

Violations of OFPs are punishable as follows:

  • It is a misdemeanor if an alleged offender knows of the existence of an OFP and violates the order. A conviction is punishable by a minimum of three days imprisonment and court-ordered participation in counseling or other appropriate programs. If the alleged offender refuses or fails to comply with the court's treatment order, then he or she may be sentenced to up to 90 days imprisonment and/or a fine of up to $1,000. Additionally, an OFP violation can also constitute contempt of court, punishable by a separate fine of up to $250 and/or up to six months imprisonment in the county jail, workhouse, or work farm.
  • It is a gross misdemeanor if an alleged offender violates an OFP within 10 years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency. A conviction is punishable by a minimum of 10 days up to one-year imprisonment and/or a fine of up to $3,000. Additionally, the alleged offender must be ordered to participate in counseling or other appropriate programs selected by the court.
  • It is a felony if an alleged offender violates an OFP within 10 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—meaning any loaded or unloaded firearm, or any device designed as a weapon, any combustible or flammable liquid or other device, or any fire that is capable of producing, calculated or likely to produce, or used to produce death or great bodily harm. A conviction is punishable by up to five years imprisonment and/or a fine of up to $10,000.

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Violations of Restraining Orders in Apple Valley

Unlike the family or household requirement of an OFP, a harassment restraining order (HRO) may be issued against any alleged offender who does not have the same kind of intimate relationship with the alleged victim but the court determines has been engaging in harassing conduct. Under Minnesota Statute § 609.748, harassment may include:

  • A single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target;
  • Targeted residential picketing; and
  • A pattern of attending public events after being notified that the actor's presence at the event is harassing to another.

An HRO will generally order the alleged offender to cease or avoid harassment of the alleged victim or order the alleged offender to have no contact whatsoever with the alleged victim. These orders generally last up to two years, but relief may be granted under an HRO for a period of up to 50 years under Subdivision 5(b)(3) of Minnesota Statute § 609.748.

All HRO violations constitute contempt of court, meaning these offenses are punishable by fines of up to $250 and/or up to six months imprisonment in the county jail, workhouse, or work farm. Additional consequences of an HRO violation are as follows:

  • It is a misdemeanor if an alleged offender violates an HRO without any aggravating factors. A conviction is punishable by up to 90 days imprisonment and/or a fine of up to $1,000.
  • It is a gross misdemeanor if an alleged offender violates an HRO within 10 years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency. A conviction is punishable by up to one-year imprisonment and/or a fine of up to $3,000.
  • It is a felony punishable by up to five years imprisonment and/or a fine of up to $10,000 if an alleged offender violates an HRO:
    • within 10 years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency
    • because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin;
    • by falsely impersonating another;
    • while possessing a dangerous weapon;
    • with an intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, or a prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a judicial proceeding; or
    • against a victim under the age of 18, if the respondent is more than 36 months older than the victim.

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Violations of Minnesota Domestic Abuse No Contact Orders

A domestic abuse no contact order (DANCO) is issued by a criminal court against an alleged offender in a delinquency proceeding for domestic abuse, harassment or stalking committed against a family or household member, violation of an OFP, or violation of a prior domestic abuse no-contact order. A DANCO can also be issued as a pretrial order before final disposition of an underlying criminal case or as a postconviction probationary order.

Under Minnesota Statute § 629.75, DANCO violations can result in the following penalties:

  • It is a misdemeanor if an alleged offender knows of the existence of a DANCO and violates the order. A conviction is punishable by up to 90 days imprisonment and/or a fine of up to $1,000.
  • It is a gross misdemeanor if an alleged offender violates a DANCO within 10 years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency. A conviction is punishable by a minimum of 10 days up to one-year imprisonment and/or a fine of up to $3,000. Additionally, the alleged offender must be ordered to participate in counseling or other appropriate programs selected by the court.
  • It is a felony if an alleged offender violates a DANCO within 10 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. A conviction is punishable by up to five years imprisonment and/or a fine of up to $10,000.

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James Blumberg Law A Violation of Protective Order Lawyer in Dakota County

If you have been arrested for violating any kind of protective order in Minnesota, you will want to be sure that you have legal counsel capable of getting these criminal charges reduced or dismissed. James Blumberg Law helps clients throughout the Twin Cities and may surrounding areas in Ramsey County, Anoka County, Hennepin County, and Dakota County.

James Blumberg represents residents of Lakeville, Burnsville, Eden Prairie, Bloomington, Woodbury, Brooklyn Park, and many other communities. You can have our Apple Valley violation of protective order attorney review your case during a free consultation by calling (952) 431-7758 today.

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James L. Blumberg

Attorney James L. Blumberg

As a former prosecutor in the Dakota County Attorney’s Office, James Blumberg has experience on both sides of the criminal courtroom. He knows how to fight to get charges reduced or dismissed for clients in the Twin Cities area.

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