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Minnesota Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Minnesota on
Q: Im a victim, can i recant my statement in a domestic violence case?

I would like to recant my statement regarding a DV case i am a victim of. I know now I should've said the truth but i was scared of what woould happen.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 7, 2022

You can certainly recant your statement, but that is not a silver bullet in terms of resulting in an automatic dismissal. You might also expose yourself to criminal liability for filing a false police report. I would recommend that you get legal representation prior to contacting law enforcement... Read more »

0 Answers | Asked in Domestic Violence for Minnesota on
Q: I need some help and some legal representation regarding being evicted from my apartment when I have domestic abuse.

Non secure building but should of been they just never secured it, this has already been an issue and I have a domestic violence waiver on file.

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Can I modify a DANCO to where he can attend doctor appointments and talk for the remainder of this pregnancy
Thomas C Gallagher
Thomas C Gallagher
answered on Nov 3, 2022

A Domestic Abuse No Contact Order ("DANCO") is a protective order issues by a judge in a criminal court file. As a result, any change prior to its expiration would have to be made by a judge. A "protected person" can ask the prosecutor to support ending or changing the terms... Read more »

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1 Answer | Asked in Domestic Violence and Elder Law for Minnesota on
Q: What happens if someone knowingly violates a TRO.

I live with my grandmother as a caretaker. Over the years my uncle and his wife have caused her significant abuse. He's robbed her of money he owes her, taken her property, stolen from her, broken into her home, damaged her home, and has tried to force her off her life estate. They show up at... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 4, 2022

Violation of a Harassment Restraining Order is a crime and he will likely be charged if the evidence is sufficient to establish probable cause. You've done what you can. Continue reporting violations to law enforcement.

2 Answers | Asked in Domestic Violence for Minnesota on
Q: What if my lawyer failed to submit my defense evidence and now the court will not accept my self defense plea.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 27, 2022

That would arguably be ineffective assistance of counsel. But you should speak with an attorney directly about this issue to figure out next steps.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: If you are a victim in a domestic abuse case what will happen if you refuse to testify in court
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 25, 2022

A subpoena is a court order which requires you to appear for testimony. A warrant could be issued if you fail to appear in court if subpoenaed. You could be held in contempt if you show up and refuse to testify. You should consult with an attorney if either of these is a possibility.

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: can passengers be asked their info during a stop while in a Uber?

My boyfriend and I got pulled over while in a Uber. The driver ran red light cop took his info. The officer came back asked me and my bf our names My boyfriend gave them a fake name because we have an protection order. The cop said “she has a protective order w John”. The cop went to his car... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Jul 10, 2022

Assuming a lawful stop of an Uber driver, can police lawfully ask a passenger for identification information? Generally, yes - unless the detention was unreasonably prolonged or intensified. Can the passenger refuse to provide that information? Generally yes. However, in my experience at least... Read more »

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: Is it illegal for a parent to have a child Make a false police report against the other parent
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 24, 2022

Depending on the age of the child, it would be difficult to prove that the parent "forced" the child to lie to law enforcement. This would a very fact specific situation and oftentimes there are two very different perspectives to what occurred in a situation. Additionally, private... Read more »

1 Answer | Asked in Divorce, Child Custody and Domestic Violence for Minnesota on
Q: I am a victim of an emotionally abusive and cruel wife, and i live in minnesota. She is currently out of the house

She has gaslighted me, attempted AND succeeded to ruin my reputation, my career, and has used knowledge of very personal matters (like past sexual and physical abuse) against me and even took my kids and dogs to my abusers house 4 weeks ago (my parents) and told them all of my secrets. I asked her... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 16, 2022

There isn’t reality a cogent question here. But it seems to me that the place to start is by reaching out to some family law attorneys about pursuing a divorce here.

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: My son is in jail and received discovery and there were 6 dvd's but all but 1 says "no readable content " advise?

Yes he's been charged and no he has no attorney he doesn't know what to do with this discovery

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 9, 2022

You don’t indicate what your some is charged with or if he is represented. He needs an attorney if he doesn’t have one. He should talk to his attorney about this if he is represented.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: What is the process for getting an order of protection extended when it expires? Do I have to go back to court?

I received an order of protection against an ex-boyfriend two years ago. Unfortunately I did end up going back to him and dating him while the order was in effect but have since completely left him and no longer want to see him and I am in fear of him. There were countless violations of the order... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 22, 2022

There is a form you can fill out to request an extension. I don’t know if he was charged and convicted for violating the OFP, but that alone would be enough to get the OFP extended.

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Hello, is it possible to file a motion to have a DANCO removed before his court date?

I was involved in a domestic last Sunday and this was the second time in two years my husband has been arrested for a domestic. There is a DANCO in place but we have a home and three young kids together.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 3, 2022

Is it possible to file a motion to cancel the DANCO? Yes. Is it likely to be granted? No. This is the second domestic in the last two years and the most recent domestic assault occurred about a week ago. I do not believe that the Court is going to grant your request to cancel the DANCO under... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Person A was blackout drunk and hit person B with an object on the head. If person B presses charges what would happen?

Person B sustained unknown injuries but we can assume a mild concussion and mild lacerations

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 15, 2021

Person A would likely be charged with 2nd Degree Assault, which is a felony. Person B doesn't "press" charges. The allegations get reported to law enforcement, law enforcement investigates, and the county attorney makes a charging decision.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: How do I get a warrant squashed in violation of a harassment restraining order that has been dismissed

Defendant has an active misdemeanor warrant and is currently being held on a hold in another county. The issuing county has not responded for 48 hours. What do I do to either have him transferred to the issuing county or released with a citation?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 30, 2021

The fact that the HRO was dismissed has zero effect on the validity of the warrant for violating the HRO.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Minnesota on
Q: Is it possible to have a judge dismiss an ofp as evidence in a child custody case.

Currently going for custody of my daughter, the mother had an ofp against me through out her pregnancy citing that I abused her on ONE occasion, she filed the ofp at least a month after the alleged abuse and the police were never called.

To my understanding everything she said in the ofp... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 19, 2021

The short answer is no. I’m not sure which attorneys told you that you shouldn’t hire a lawyer for the OFP hearing, but that wasn’t good advice. There is no way to unring the bell and have the judge ignore that a different judge made a finding that there was domestic abuse.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: How do I file a haraasment restraining order to protect residents and staff from my organization from a former client.

My organization works with youth involved in the criminal justice system and formerly homeless and/or sexuallly exploited youth. We recently evicted a 26 year old resident who has been tresspassed, however sits just off property and heckles staff and residents. He has also been accused of selling... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 13, 2021

The request for a Harassment Restraining Order is pretty straightforward. You would simply need to submit one in the county where the facility is located. An HRO could prohibit the former client from being within a certain distance of the facility. You are going to have difficulty submitting a... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: How do I go about asking to be seen by a judge to get the danco dropped

I don't know what judge to ask for

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 19, 2021

You can certainly send something in writing. A copy would need to go to the prosecutor and the defense attorney. In that letter you would simply ask for the DANCO to be cancelled and explain why you are asking for that to occur.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: I'm trying to get a danco dropped my husband has done everything the courts have asked and we are in marriage counselor

It's been about a year and a half sents the incident he has done DPT and finished his probation he don't have to report anymore I keep asking the victim advocate what more do they want but keep dragon it on

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 19, 2021

You should contact the court directly to request that the DANCO be cancelled. The judge is the ultimate authority of whether the DANCO remains in the place. You could also have the counselor write a letter in support of having the DANCO cancelled.

1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence and Sexual Harassment for Minnesota on
Q: Hello! Should I press verbal assault charges against a security guard who verbally threatened me, “banning me” tryin

Thank you!! I have had no interaction that provoked it besides me shaking my head. He is attempting to ban me from a hospital when I did not initiate any encounter with him, and he stormed up to me demanding the I know who he is and I better not mess around with a man like him, I have no idea what... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 27, 2021

You can't "press charges." You can report the matter to law enforcement. They will make the decision if charges are appropriate.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Can they force me to testify in a domestic case? If I don't show or testify would the case be dropped?
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 26, 2021

Yes, they can force you to testify via a subpoena. A warrant can be issued if you do not show up to testify. It is impossible for anyone on here to answer intelligently whether the case would be dropped if you fail to show or don't testify. The prosecutor makes that decision and the... Read more »

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