Albert Lea, MN asked in Criminal Law, Family Law and Child Custody for Minnesota

Q: If someone places an Ofp on you, are they allowed to stop by your place of residents?

And have their boyfriend come to the door To drop off a gift? Also are they allowed to try to contact you via 3rd party considering they are the ones who placed the order of protection on you?

2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: An OFP is a one way street. The protected party is not prohibited from doing anything. They can call, text, send gifts, visit etc. None of that is a violation of the OFP. However, if the other party responds to contact initiated by the protected party, it is a crime. A first violation in 10 years is a misdemeanor, a second (if there is a prior conviction for a domestic related offense) is a gross misdemeanor, and a third is a felony.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: The "Petitioner" (person who sought the OFP) is not limited by that OFP. Only the "Respondent" is. Sometimes both parties sought and obtained "mutual OFPs;" and if so then both parties would be limited by the terms of the "mutual OFP." It should be obvious what the terms of an OFP are, by reading it. By the way, when I have clients who a Respondents in an OFP, I recommend they avoid any contact at all with the other party.

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