What Will Happen If You Violate A Restraining Order?
In Minnesota, the penalties for violating a restraining order are severe. If you violate a restraining order, then that means that you are defying a direct instruction from the court. Even in cases where you feel like the restraining order was obtained fraudulently, you might be charged with a crime if you violate its provisions. Here is what can happen to you if you violate the restraining order that has been filed against you: Minneapolis Harassment Restraining Order Defense
What Can Happen If You Violate A Restraining Order in Minnesota?
In Minnesota, a protection order may be issued by a court if there are reasons to suspect that someone is at risk for being the recipient of, or that someone has been subjected to, domestic violence, harassment, and/or stalking. Depending on the facts of the case, the courts can impose either a temporary or long-term restraining order against you. And you could face misdemeanor, high misdemeanor, or criminal penalties if you violate a protective order.
The penalties for the violation of a restraining order vary depending on the situation and the claims leveled against you. Here are some of the most common offenses and penalties with regards to restraining order violations:
Misdemeanor: You will be prosecuted with a misdemeanor if you are accused of deliberately breaching a restraining order and have no past convictions for domestic abuse. If you are convicted, you could face up to 90 days in jail and a $1,000 fine.
Gross Misdemeanor: If you are accused of breaking a restraining order and have been convicted of domestic violence within the last ten years, you will be charged with a gross misdemeanor, which is punishable by up to 1 year in jail and $3,000 in fines.
Felony: If you are accused of breaking a restraining order and have been convicted of domestic abuse twice or more in the last ten years, you will face felony charges. This offense is punishable by up to 5 years in jail and a $10,000 fine.
Additional Information Regarding Restraining Order Violations & Felony Charges
In addition to prior domestic abuse convictions, you can also potentially face felony charges for violating a restraining order if aggravating factors are present. i.e., If you were in possession of a firearm at the time of the offense, if you impersonated someone else, and/or if the victim was under the age of 18 and you are 3 or more years older than them. In cases like these, the charges against you may be raised to a felony.
If a restraining order has been filed against you, then you should contact Lauren Campoli, the best criminal defense attorney in Minneapolis Minnesota, today, to discuss the details of your case.