Minneapolis Restraining Order Violation Attorney

• We take calls 24/7 – we’ll be there when you need us
• Our firm has handled hundreds of jury trials since 1983
• Our lead attorney is a Board Certified Criminal Law Expert
• Both of our partners have served as state prosecutors
• Our attorneys offer FREE, no-obligation evaluations

Schedule a free consultation by calling (612) 444-5020 or contact us online today.

What is an Order of Protection in Minnesota?

In Minnesota, an order of protection is a legally binding court directive designed to shield a designated individual from harassment, stalking, threats, or physical violence. Issued by a judge, these orders legally prohibit the respondent (the person the order is filed against) from having contact with the petitioner (the person seeking protection).

An order of protection can mandate several strict conditions. It typically orders the respondent to stay a specific distance away from the petitioner, their home, their workplace, or their school. It can also award temporary custody of children, force a respondent to move out of a shared residence immediately, and prohibit the possession of firearms.

It is crucial to understand that an order of protection is a civil matter when it is initially issued. However, the moment a respondent is accused of breaching any term outlined within that order, the situation crosses the line into a criminal offense. Law enforcement officers in Minneapolis take these allegations incredibly seriously and will almost always make an immediate arrest if they believe a violation has occurred.

Types of Protective Orders

Minnesota law recognizes several distinct types of protective orders, each tailored to specific relationships and types of conduct. Understanding which order you are accused of violating is a critical first step in building a defense.

Order for Protection (OFP)

An OFP specifically addresses domestic abuse. To qualify for an OFP, the petitioner and respondent must share a domestic relationship. This includes current or former spouses, individuals who live together or have lived together in the past, individuals who share a child, or individuals involved in a significant romantic or sexual relationship.

Harassment Restraining Order (HRO)

An HRO does not require a domestic or familial relationship. It can be filed against neighbors, coworkers, acquaintances, or complete strangers. To secure an HRO, the petitioner must demonstrate that the respondent has engaged in harassment, which Minnesota defines as repeated, unwanted acts, words, or gestures that have a substantial adverse effect on the safety, security, or privacy of another.

Domestic Abuse No Contact Order (DANCO)

Unlike OFPs and HROs, which are civil orders requested by an individual, a DANCO is a criminal order. It is issued by a judge in a criminal court proceeding, typically during an initial appearance or arraignment for a domestic abuse charge (such as domestic assault, stalking, or harassment). A DANCO remains in place while the criminal case is pending and often persists as a condition of probation. Because it is issued directly by the court, a petitioner cannot choose to drop or dismiss a DANCO on their own.

Common Ways People Violate Restraining Orders

Restraining orders are written with highly specific, zero-tolerance language. Many individuals find themselves facing criminal charges not because they committed an act of violence, but because they did not fully comprehend how strict the boundaries of the order were.

Common actions that trigger a restraining order violation charge in Minneapolis include:

• Direct Communication: Making phone calls, sending text messages, or mailing letters to the petitioner.
• Digital and Social Media Contact: Sending direct messages on platforms like Facebook, Instagram, or X (Twitter), commenting on the petitioner's posts, or even "liking" their photos.
• Third-Party Communication: Asking a mutual friend, family member, or coworker to pass a message along to the petitioner. In the eyes of Minnesota law, indirect contact is still a violation.
• Physical Proximity: Showing up at the petitioner’s home, place of employment, school, or a social gathering place, even if the petitioner is not present at the time.
• Accidental Encounters: Running into the petitioner at a grocery store or public park in Minneapolis and failing to leave the premises immediately upon noticing their presence.
• Violating Shared Custody Rules: Attempting to communicate with children or picking them up outside of explicitly court-approved parenting time schedules outlined in the OFP.

Criminal Penalties for Violating a Protective Order

Violating a protective order in Minnesota is a crime, and the state enforces strict statutory penalties. The severity of the criminal charge depends on your prior criminal history and the specific circumstances surrounding the alleged violation.

Misdemeanor Violation

If you have no prior qualified domestic violence-related offenses within the past ten years, a violation is charged as a misdemeanor. The penalties include up to 90 days in jail and a fine of up to $1,000. Under Minnesota law, there is a mandatory minimum jail sentence of three days for a misdemeanor violation unless the judge explicitly waives it.

Gross Misdemeanor Violation

If you violate an order within ten years of a prior qualified domestic violence-related conviction, the charge is elevated to a gross misdemeanor. Penalties include up to one year in jail and a fine of up to $3,000. A gross misdemeanor charge carries a mandatory minimum jail sentence of ten days.

Felony Violation

A violation becomes a felony-level offense if you violate the order within ten years of two or more prior domestic violence-related convictions, or if you violate the order while possessing a dangerous weapon. A felony conviction carries severe penalties, including up to five years in prison and a fine of up to $10,000. There is a mandatory minimum jail sentence of 30 days for a felony-level violation.

Aggravating Factors That Can Increase Penalties

Beyond your criminal history, certain "aggravating factors" can lead prosecutors to seek enhanced penalties, longer jail terms, and higher fines. Law enforcement and prosecutors in Hennepin County review these cases carefully to determine if the violation warrants a more aggressive prosecution.

Aggravating factors include:

• Possession or Use of a Weapon: If you had a firearm, knife, or any object used as a dangerous weapon during the alleged violation, it automatically elevates the charge to a felony.
• Stalking Behavior: Engaging in a pattern of monitoring, tracking, or following the petitioner in tandem with violating the order.
• Violating the Order in the Presence of Children: If children are present to witness the violation or any associated confrontation, judges are far more likely to impose maximum sentences.
• Entering the Petitioner's Home: Breaching the physical boundary of the petitioner's residence is viewed as a severe escalation and an invasion of safety.
• Combining Violations with New Offenses: If the violation co-occurs with new criminal allegations, such as domestic assault, property damage, or terroristic threats, you will face multiple concurrent charges.

What To Do After Being Arrested for a Restraining Order Violation

If you are arrested for violating a restraining order in Minneapolis, the actions you take in the immediate aftermath can heavily influence the trajectory of your legal case. Protect yourself by taking the following steps:

• Remain Silent: Do not attempt to explain your side of the story to the police officers. Anything you say—even if you believe it proves your innocence—can and will be used against you by the prosecution. Courteously inform the officers that you are invoking your right to remain silent.
• Do Not Contact the Petitioner: This is the most critical rule. Do not call, text, or use jail phone systems to reach out to the petitioner to ask why they called the police or to beg them to drop the charges. Doing so will immediately result in additional, separate criminal charges.
• Preserve Evidence: Document everything related to the incident. Save text message threads, call logs, emails, and social media interactions. If you have location data from your smartphone or receipts that prove you were elsewhere at the time of the alleged violation, keep them secure.
• Hire a Minneapolis Restraining Order Violation Lawyer: Contact Tamburino Law Group as soon as possible. An experienced defense attorney can attend your initial bail hearing, argue for your release, and begin building a strategy to defend your rights.

Legal Defenses to Restraining Order Violation Charges

An allegation is not the same as a conviction. To secure a conviction, the state must prove beyond a reasonable doubt that you knowingly and intentionally violated a valid court order. Our legal team examines every detail of the state’s evidence to build a compelling defense strategy.

Common legal defenses include:

• Lack of Knowledge or Notice: For an order to be enforceable, you must have been legally served with the order or had official notice of its existence. If you were unaware that an order had been officially issued against you, you cannot be convicted of knowingly violating it.
• Unintentional or Accidental Contact: If you unexpectedly crossed paths with the petitioner in a public place, such as a local Minneapolis business, and left immediately upon noticing them, there was no intent to violate the order.
• False Accusations: It is unfortunately common for protective orders to be weaponized during bitter divorce or child custody disputes. If the petitioner fabricated the claim out of malice or to gain leverage in a civil court proceeding, we will work to expose inconsistencies in their story.
• Lack of Evidence: In many cases, a violation charge rests entirely on the word of the petitioner without any corroborating evidence (such as phone logs, video footage, or witness statements). We will highlight the absence of concrete proof to the court.
• The Petitioner Initiated Contact: While a petitioner cannot legally waive a restraining order on their own, evidence that the petitioner actively sought you out, invited you over, or initiated the contact can be used to challenge the state's narrative regarding intent and credibility.
• Mistaken Identity: Witnesses and complainants may incorrectly identify the individual responsible for alleged contact.
• Constitutional Violations: If law enforcement violated your constitutional rights during the investigation or arrest, evidence may be excluded from court proceedings.

How a Conviction Can Affect Your Future

The consequences of a restraining order violation conviction extend far beyond jail cells and court fines. A criminal conviction creates a permanent record that can disrupt nearly every facet of your personal and professional life.

• Employment Disruption: A criminal record featuring a violent or domestic-related offense can make employers hesitant to hire you. You may be disqualified from roles in healthcare, education, government, or any position requiring corporate trust.
• Housing Limitations: Landlords and property management companies in the Twin Cities frequently conduct background checks. A conviction can result in the denial of rental applications.
• Loss of Firearm Rights: Under both Minnesota and federal law, a conviction for a domestic violence-related offense or a protective order violation can strip you of your constitutional right to own, possess, or carry firearms.
• Impact on Family Law Cases: If you are currently involved in a divorce or child custody dispute, a criminal conviction for a restraining order violation will heavily negatively impact a family court judge’s decisions regarding legal custody and parenting time.

Frequently Asked Questions

Can the petitioner drop the restraining order so we can talk?

No. Only a judge can dismiss or modify an order of protection. Even if the petitioner calls you, invites you over, or explicitly states they have dropped the charges, the order remains fully active until a judge signs an official order dissolving it. If you respond to their invitation, you can still be arrested and charged with a crime.

What happens if I accidentally run into the person at a store?

An accidental encounter is not a crime, provided you take immediate steps to remove yourself from the situation. The moment you recognize the petitioner, you must turn around and leave the area. If you stay, try to speak with them, or linger nearby, your actions can be construed as a knowing violation.

What is the difference between an OFP and an HRO in Minnesota?

An Order for Protection (OFP) requires a domestic relationship between the two parties (family members, household members, or romantic partners) and involves allegations of domestic abuse. A Harassment Restraining Order (HRO) does not require any personal relationship and is based on a pattern of harassing behavior or a single severe incident of stalking/assault.

Can I fight a restraining order violation charge if there is no physical evidence?

Yes. Many cases rely solely on circumstantial evidence or the verbal testimony of the petitioner. A skilled criminal defense attorney can challenge the credibility of the accuser, point out contradictions in their statements, and emphasize the state's failure to meet the high burden of proof required for a criminal conviction.

What If the Protected Person Contacted Me First?

Even if the protected individual initiates communication, responding could still violate the court order. You should speak with an attorney before taking any action.

Can a Restraining Order Violation Charge Be Dismissed?

Yes. Charges may be dismissed when evidence is insufficient, allegations are false, the order was improperly served, or legal defenses apply.

Is Violating an Order for Protection a Felony?

Some violations can be charged as felonies, particularly when prior convictions or aggravating circumstances exist.

Will I Lose My Gun Rights?

Possibly. Certain protective orders and convictions may result in restrictions on firearm possession under Minnesota and federal law.

Contact a Minneapolis Restraining Order Violation Lawyer Today