Fighting an Order of Protection

4 years ago by Justin M. Schiks

What does a Minnesota Order of Protection Do?

Orders of protection are serious business in the State of Minnesota. An order of protection that is issued by a judge is a court order. As part of that order, a judge can prohibit you from contacting the alleged victim of abuse, as well as that individual’s minor children, depending upon the circumstances alleged in the protective order petition.

If the court has entered a temporary order of protection against you and you wish to fight that order of protection, it is essential that you contact experienced legal counsel as soon as possible. A knowledgeable Woodbury, MN, order of protection lawyer at JS Defense, PA., can thoroughly examine all of your legal options with you and assist you with challenging a protective order.

Give us a call today at (651) 968-9652 or contact us online to learn more about how we could help you throughout your criminal legal matter. 

A court can issue a protective order when a judge believes that an individual – usually the petitioner – is the victim of abuse or threats of abuse. Protective orders typically arise in the domestic violence context. The court may initially issue an ex parte – or temporary – protective order, after which a hearing may be held, and the court may issue a general protective order.

A protective order limits contact between the accused abuser and the alleged victim of domestic abuse. Depending upon the circumstances, a protective order may prohibit the accused from contacting the alleged victim in any way, from visiting the victim’s workplace, from possessing a firearm while the order is in effect, and/or from contacting the alleged victim’s children.

Formulate a Strong Legal Defense

You may be able to assert a strong legal defense at your hearing, in response to a protective order that has been issued against you. For example, you could allege that at the time of the incident in question, you acted in self-defense or that you were not the person who committed the alleged abuse. You may also allege that any injuries suffered by the alleged victim were accidental. An experienced order of protection lawyer can help you gather evidence to support your version of the events in question.

Do Not Violate a Protective Order

While an ex parte protective order is in effect, it is important that you do not violate the order by contacting the alleged victim. Violating a protective order that is already in place can lead to a whole new set of criminal charges and potential penalties.

Call a Woodbury, MN, Order of Protection Lawyer Today  

Experienced legal counsel on your side can make all the difference in the world when it comes to fighting an order of protection. At JS Defense, PA., our legal team is ready to help you challenge a protective order that was issued in your case. For a free case evaluation and legal consultation with an experienced Woodbury, MN order of protection lawyer, please call us today at (651) 968-9652 or contact us online for more information.

Order Of Protection

5 years ago by Justin M. Schiks

Defending Those Charged With Violating Orders of Protection

Orders of protection (OFPs) are typically used in domestic violence situations. These orders require an alleged abuser to leave the home and to cease contacting and stay away from the person who requested the order. Judges routinely grant orders for protection to protect potential victims from domestic abuse. However, individuals can and do make false claims of domestic violence in order to remove another family member from the home.

If you have received notice that you have been named in an application for an order of protection, it is important to contact a criminal defense lawyer as soon as possible. I am Justin Schiks, a Woodbury Order of Protection Lawyer and I can help you fight the imposition of an order for protection. I also represent clients accused of violating orders of protection, harassment restraining orders, and no-contact orders.

Orders for protection can be obtained by family members, a person you have a child with, even an unrelated person you once lived with. The applicant is considered to have suffered domestic abuse if he or she even feared the infliction of bodily harm.

Challenging Orders of Protection

When a person applies for an order for protection, a judge first orders a temporary order. This temporary order will become permanent unless the person named in the order requests a hearing to challenge the imposition of the order. If you miss the window of opportunity, the order for protection will go into effect for two years.

Defending Against Violations of OFPs

Once an order for protection is in effect, any contact with the person who requested the order can have criminal consequences. Some people knowingly manipulate the system to encourage a violation of the order.

I represented a client whose former spouse texted him “Happy Birthday.” He responded by texting back “Thanks.” She then filed a complaint, and my client was arrested and charged with a criminal offense for violating an order of protection.

While it is important that the state has the means to protect those who are legitimate victims of domestic violence and abuse, it is equally important to protect the rights of the falsely accused. If you have been named in a temporary order of protection or if you have been charged with violating an order, please contact me, an experienced Woodbury Order For Protection Lawyer, as soon as possible by email or call 651-504-2564.