Twin Cities Order for Protection Violations Lawyer
An Order for Protection, or OFP, is designed to protect an individual who may fear for the safety and the safety of any minor children in their care. If a person has reason to believe that they are in danger, such as in a domestic assault situation, they can obtain an OFP without the other party having a chance to speak for themselves. The opportunity for the OFP to be challenged can come later. In the meantime, it is important to not violate an OFP because that can result in criminal charges.
Unfortunately, there are times when a person may not know there is an OFP against them because, perhaps, they haven’t been notified yet or the court had difficulty notifying them. This can result in a mistaken violation. With the help of a Minneapolis criminal defense attorney, you can defend yourself against the OFP violation charge.
Fighting OFP Violation Charges
An Order for Protection violation can be a misdemeanor, gross misdemeanor, or a felony, depending on how many times an order is violated and/or if there were any previous domestic violence convictions. A person may be charged with a misdemeanor if the order was knowingly violated for the first time. A person may be charged with a gross misdemeanor if the OFP is violated within 10 years of a previous domestic violence-related offense. A person may be charged with a felony, which constitutes five years in prison, if the order was violated within ten years of the first or two or more domestic violence-related offenses. A person can also be charged with a felony if they violated the order and they had a weapon in-hand at the time of the violation.
To fight the charge, it is important to reveal the circumstances behind the violation. From there, decisions can be made that will affect the outcome of the matter with the goal being to achieve the best result possible.
Helping You Move Forward
Part of defending against a violation is also determining whether or not the OFP is really warranted. There are times it is found that the OFP was obtained over frivolous claims. Sometimes this occurs during a divorce or a child custody matter. Many times, children may be involved and the person named in the OFP is then unable to see their children, which can affect their overall well-being when it comes to having both of their parents caring for them. Your Minneapolis criminal defense lawyer will fight for your rights and your future by revealing details that work in your favor so that you can move on past the alleged OFP violation.
Contact A Minnetonka Criminal Defense Attorney
An Order for Protection can be put in place without the person it is placed against having the opportunity to defend themselves. However, a violation of the order can result in criminal charges. If you or a loved one has been accused of violating an Order for Protection, having an attorney by your side advocating for you can make a difference. To learn more, call James H. Leviton at 612-799-4740 to schedule a free consultation.