You may have gone to a safe place that is not known to your abuser. If so, you may want to use a so-called "contact address"— that is, an address other than where you are actually staying. If you decide to do this for your safety, you also are agreeing to allow your abuser to serve his or her court papers on you at that address.
You must check for court papers at that address regularly so long as you list that address with the court since it is the address where your abuser must send copies of anything he or she files. If you miss a court deadline because you have not checked for court papers at that location, the other person will win whatever he or she was asking for in the papers delivered to that address. The purpose of the hearing is to decide whether or not the restraining order will remain in effect, and if it does remain in effect, if the order will stay the same or change in some way.
The judge may decide not to change the order even if both sides agree that they want the same changes. At the hearing, you must prove that you have been abused and that you are in danger of further abuse.
Some judges will ask you to present your case first, and other judges will ask the other side to present their case first. Either way, be prepared. You should be ready to give your own testimony, call your witnesses for in-person testimony and give the judge any evidence you have such as photos of your injuries.
Your witnesses may also be questioned by the other side. If you are worried about your safety, you may ask for a sheriff's deputy to be present in the courtroom.
The respondent must request the hearing within 30 days of being served, and the hearing must be held within 21 days after the court receives the request for hearing. If temporary child custody is an issue, the hearing must be held within 5 days after the request.
In addition, if there are exceptional circumstances that would affect custody, either party can request that the hearing take place within 14 days. You can call the police. The officer must arrest the respondent if there is a good reason to believe a violation has happened. The respondent can be charged with contempt of court. If found guilty of contempt, the respondent can be fined, placed on probation, or put in jail. It is best that you carry a copy of the restraining order with you at all times and that you not contact the other party.
A restraining order does not guarantee your safety. You can take other steps to stay safe. A domestic violence or sexual assault program can help. After being processed at the jail, the abuser could be released without posting bail if he or she appears likely to reappear in court. A condition of the release will probably be that the abuser does not have any contact with you. Otherwise, the abuser will be held in jail until 10 percent of the bail is paid, or until the bail is lowered in a court proceeding, or until a hearing has been held on whether or not the restraining order has been violated.
Other possible punishments could be a warning, probation, a suspended sentence or a sentence of less than the maximum.
Your local district attorney is required to represent your interests at the contempt hearing if you cannot afford to hire your own attorney.
You must file papers at the courthouse to ask the judge to drop the order. The order remains in effect until the judge dismisses it. It may take a few days for law enforcement to get notice of the dismissal. In a small number of situations, the parties may agree to dismiss the restraining order and enter into a limited no-contact agreement to facilitate communication between the parties with respect to the children and parenting time only.
This should only be done if it is safe to do so, and it would be best to speak with a lawyer first. If you are deemed a credible threat of violence, or you violate the order after hearing the verdict, you must seek the service of a reputable law firm to defend your case. Whether it is a civil harassment restraining protection order or one protecting against domestic violence, the Law Office of Valery Nechay will aggressively dispute the claims that:.
Suppose there is no proof of service, indicating you were unaware of the civil or domestic violence restraining protection order, or the prosecutor fails to prove any of the elements mentioned above. In that case, a skilled criminal defense lawyer will likely be able to have the case dismissed. You should request a consultation if you have been issued a protective order or suspect you will be.
Call now. If you are under investigation or charged with a crime, I will consult with you in person and at no charge to you. What Is a Restraining Order in California? This often prohibits the following: Messages via email, text, or social networking sites Messages passed through another person Telephone calls A Judge may provide a civil harassment or domestic violence restraining order in California for various civil or criminal matters, including domestic abuse, physical abuse, and stalking.
How Are Restraining Orders Issued? How Does a Restraining Order Work? A few of these types of protection orders include: Civil harassment restraining orders Criminal protective orders Domestic violence restraining orders Elder or dependent adult restraining orders Personal conduct orders Violence restraining orders Workplace violence restraining orders Criminal Protective Orders CPOs might be asked for by the prosecuting lawyer to protect victims or witnesses of illegal activities.
Restraining Order Classifications According to California law, there are several classifications of protective or protection orders, which include: Emergency protective order Permanent restraining order Temporary restraining order Although having a protective order issued may not make you entirely safe, it will strengthen the penalties if a restrained abuser comes within a certain distance of a protected person and their personal property.
Penalties for Violation of Restraining Orders If you are accused of a restraining order s violation in Los Angeles, it is helpful to understand that according to California law section Consequences for Violating Domestic Violence or Civil Harassment Restraining Orders If an individual violates certain terms of a restraining order he or she will be committing a criminal offense. Retaining Legal Counsel for Restraining Order Violations Many aggressive individuals will intentionally violate a restraining or protection order.
Whether it is a civil harassment restraining protection order or one protecting against domestic violence, the Law Office of Valery Nechay will aggressively dispute the claims that: A valid protective order existed.
Never risk arrest for violating the restraining order for any reason. Never ignore a civil restraining order, even if you think it was not properly served, was illegally obtained, or based on false information. When a judge issues a temporary restraining order it is illegal to disobey the order. You can be prosecuted for ignoring the restraining order. Go to the court date on the notice to appear with a domestic violence attorney to represent you.
The prosecution can use anything you say in your civil case against you in the criminal case. You probably have some property where the victim is living you want to get back. You risk arrest for violating the restraining order if you go there by yourself, even using the civil standby process.
Using a civil standby makes you vulnerable to more misdemeanor criminal charges. Restraining orders prohibit contacting the victim through a third party, which includes your friends, family and their friends. If a defendant needs to get personal belongings from their house they must contact the police and ask them to stand by while they quickly get their essential possessions.
Make sure you are clearly more than yards away from the residence when you call the police. It is better to abandon your belongings than to set yourself up for a misdemeanor conviction for violating a court order that carries the usual domestic violence penalties. The petition and any temporary restraining order must be personally served on the respondent at least 5 days before the hearing if you request one. If personal service cannot be completed at least 5 days before the hearing, the court can set a new hearing date.
You are subject to arrest and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any of the terms of the restraining order or this short-form notification. Note: If service was attempted by a peace officer but it was unsuccessful because the respondent is avoiding service by hiding or for any other reason for example, refusing to answer the door when the police arrive , you can file an affidavit with the court to explain what happened.
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Skip to main content. You are here Home » Legal Information » Minnesota. Orders for Protection Basic information What is the legal definition of domestic abuse in Minnesota? What types of orders for protection are available? How long do they last? What protections can I get in an order for protection? In which county can I file for an order for protection? Who can get an order for protection Am I eligible to file for an order for protection?
Can a minor file for an order for protection?
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