Saint Paul, MN asked in Criminal Law for Minnesota

Q: I think I have hpd disorder. I'm continuously violating ofp by text and phone I'm having such a hard time stopping

Would having having that disorder help me in court at all since it's so impulsive I feel like I don't have control over it even though I'm going to therapy to try I'm still breaking it Non-Stop and it's going to take time to get over that urge me and always keep on adding up these things

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

A: Unfortunately a mental health diagnosis is not a defense to prima facie criminal liability under the law. And for those who get a "not guilty by means of mental illness" disposition on their criminal record, will get reviewed in civil commitment court for possible civil commitment. But most people with diagnosed mental illness will not be able to succeed with an "insanity defense" under Minnesota's M'Naghten rule or standard, which he or she must prove that he or she did not know right from wrong or did not understand the moral nature of the act because of a mental disease or defect. That legal rule is outdated, hundreds of years old, and not supported by modern research. But it remains the rule in Minnesota, under Minnesota Rule of Criminal Procedure 20.02. On the other hand, an inability to control impulsive behavior has been used in Minnesota to support involuntary civil commitment to a State Hospital, even for people who lack a recognized psychiatric disorder. Still, in a criminal case a judge would likely take a medical diagnosis of Histrionic personality disorder into account at sentencing - when deciding how much jail time and-or conditions of probation. As a practical matter though, it would make sense to seek immediate medical help including prescribed medications that could help control symptoms; and to avoid future OFP violations, since each one is a separate crime.

William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: This will not be a defense to the violations, but it could mitigate your sentence. It sounds like you need a lawyer to help with the violations, a mental health professional to help with the compulsion, and a plan to ensure you are not able to contact the protected party anymore.

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