Lawyers in Huthcinson, MN and Restraining Order Options

Recently, we have sensed a subtle change in the McLeod County protective order process. For example, in ex parte (emergency ) Orders for Protection (OFPs), some judges require additional evidence before they grant an order. They are no longer willing to accept the alleged victim’s story at 100 percent face value. This evidence could just be anecdotal, or it could be part of a larger trend.

This reluctance is even more apparent if there is a parallel family law proceedings, like a divorce or a motion to modify custody.

However, if the alleged victim is prepared and speaks with a lawyer in Hutchinson, MN prior to the hearing, the additional informal requirements are usually not a problem. Since there is no lawyer on the other side, all proposed evidence is admissible. That could include an audio recording with lots of ambient noise or a text message from a friend.

Nevertheless, we thought it would be a good idea to review the types of restraining orders available and the evidence needed to obtain them.

On a related point, if you are accused of domestic violence, OFP matters are a bit easier to defend, especially if your lawyer in Hutchinson, MN has a lot of experience in these matters.

Types of Restraining Orders

Domestic violence comes in many forms. So, Minnesota law provides for two major types of restraining and protective orders.

Harassment Restraining Orders are available pursuant to Minnesota Statute Section 609.748. The types of harassment are:

  • Any incident of sexual violence, including “revenge porn” postings,
  • Repeated acts which have a “substantial adverse effect on the safety, security or privacy of another,”
  • Targeted residential picketing, which is basically spying on a dwelling, school, place of business, or other location, and
  • Repeatedly attending public events after being warned that the person’s presence at these events is unsettling.

By law, McLeod County judges can only grant sexual violence or repeated act HROs if there is an immediate and pressing danger of harassment. In other words, the underlying incidents have to be very recent. In the current environment, it’s difficult to get a targeted picketing or repeated attendance HRO, at least in our experience.

Domestic Abuse No Contact Orders are broader and more powerful than HROs. Only a criminal judge may issue a DANCO. A judge will grant a DANCO only if the alleged abuser or harasser is a family member. HROs apply to anyone, even non-family members. These orders are also appropriate if the alleged abuser has violated a protective or similar order in the past.

Lawyers in Hutchinson, MN and the Basis for Restraining Orders

Especially in the current environment, domestic abuse is the best ground for obtaining any type of restraining order. The major kinds of domestica abuse are as follows.

Interfering with Emergency Calls

Yes, it is possible to do this and yes, it is a form of family violence. Blocking a call is basically virtual false imprisonment.

Some alleged abusers block cell phone calls to friends or relatives. The process is relatively complex, so it’s almost impossible to “accidentally” block a call.

It’s impossible to block a 9-1-1 call. But it is possible, and rather common, to threaten people if they make such calls. Cajoling a person into not making a call (i.e. “I’m sorry so please don’t call the cops”) may also constitute emergency call interference.

Terroristic Threats

These threats are basically empty threats of violence which are designed to “terrorize” the alleged victim. Examples include making a fake bomb threat, brandishing a replica pistol during an argument, and making vague threats of future physical violence.

Criminal Sexual Contact

Forced sexual contact, even in a marriage relationship, is normally illegal criminal sexual contact in Minnesota. The extent of contact is usually irrelevant.

CSC could also include a “date rape” drug, such as alcohol. Typically, if the alleged victim was almost passed-out drunk, most courts would consider any subsequent sexual contact unconsented and therefore criminal.

Fear of Immediate Physical Harm

If the alleged abuser has been physically violent in the past, any new threats of violence usually qualify as fear of immediate physical harm. Indirect acts of violence, such as wrecking furniture or harming pets, may also qualify.

Physical Harm

There is a difference between physical harm and physical injury. Physical injury is result-oriented (i.e. broken bone or laceration). Physical harm is action-oriented. The conduct, not the result, matters. So, if the alleged abuser throws something at you and misses, that’s still physical harm. Granted, it’s difficult to prove physical harm without physical injury, especially in the current environment.

Partner with a Diligent Lawyer

Now more than ever, if you need protection from domestic abuse, you need to speak with an experienced lawyer in Hutchinson, MN. Call Carlson & Jones, P.A., for a free consultation. After-hours visits are available.

Call For A Free Consultation (877) 344-1555Free Consultation

Buffalo Lawyers

215 East Highway 55, Suite 201
Buffalo, MN 55313

Toll Free: (877) 344-1555
Phone: (612) 800-8057
Fax: 763-682-3330

Office Details
Map and Directions

Brainerd Lawyers

17025 Commercial Park Rd, Suite 2
Brainerd, MN 56401

Toll Free: (877) 344-1555
Phone: (218) 736-9429
Fax: 763-682-3330

Office Details
Map and Directions

Hutchinson Lawyers

114 Main Street North
Hutchinson, MN 55350

Toll Free: (877) 344-1555
Phone: (320) 289-4761
Fax: 763-682-3330

Office Details
Map and Directions

Minnetonka Lawyers

3911 Ridgedale Dr, Suite 404E
Minnetonka, MN 55305

Toll Free: (877) 344-1555
Phone: (952) 260-9640
Fax: 763-682-3330

Office Details
Map and Directions