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Minnesota Domestic Violence Questions & Answers
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 »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If a subpoena was mailed to me. Will I be held in contempt for not showing up? How do they know I even received it?

Do not want to testify if I am subpoenaed and would like to know what options I have.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

Typically a subpoena needs to be served on your personally or to another adult residing at your home.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If I am subpoenaed to testify and am the victim in a domestic case can I refuse to testify or can I plea the fifth?

I do not want to testify I do not want this case to happen but I don't know what I can do to get it dropped.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

You can attempt to plead the fifth. But ultimately, you will likely be given immunity which means that you no longer have a fifth amendment right to remain silent. As a result, you could be held in contempt if you refuse to testify. Being held in contempt would likely mean that you would be held... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: If I'm the victim of a domestic but want to recant my statement how can I do that?

I feel I was miss understood by the police and because I was miss understood my ex is being charged with something he didn't do.

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Apr 26, 2021

You can't certainly contact either law enforcement or the prosecutor to address this issue. In all likelihood, your initial statement to law enforcement was audio recorded, and perhaps video taped as well via a body cam. So there should be an accurate recording of your statement. You... Read more »

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: Is it a DANCO violation if my Ex (the victim) comes to our child exchange I did not know she was going to be there.

There was supposed to be a third-party to do the exchange she canceled the third-party and showed up herself then called the police. I gave her our child and left right away

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

It is your obligation to leave immediately if you see the protected party whether you expect to see her or not. It sounds like you attempted to do that. Get an attorney on board immediately to fight this.

1 Answer | Asked in Domestic Violence for Minnesota on
Q: If the victim in a domestic is issued a warrant what may cause that ? The victim was never told to attend court either
Jonathan Matthew Holson
Jonathan Matthew Holson answered on Mar 21, 2021

Call a criminal defense attorney directly. An attorney might be able specifically address your situation.

1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Federal Crimes for Minnesota on
Q: i am a victim of an on going organized theft ring, With in the employment of Catholic Charities employees and staff .

On going as we speak and every moment I am trying to seek legal representation and consultation im a continued victim of a criminal enterprise. I need a downtown lawyer to discuss legal strategy. The alleged perpetrators actions was not only criminal in its intent but deadly in its execution. I... Read more »

William Bailey
William Bailey answered on Mar 2, 2021

You should report any criminal activity to police. For a civil lawsuit, you should consult directly with a personal injury attorney.

2 Answers | Asked in Domestic Violence for Minnesota on
Q: Same building but different apartment?

My ex moved back into the apartment building where I still currently live in the apartment we used to share until the DANCO was put into effect. She moved to a different town but is now back and living in a different apartment on the floor above me. Is this a violation of the DANCO?

Her... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Feb 10, 2021

You don’t provide enough information. Who is the protected party? What does the DANCO order?

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: My ex is in jail for violating danco.Do I report it to police or the jail? Can the jail file new charges or do cops

My ex violated the ofp and danco Hes in jail and keeps calling me and sending me mail but he sends it to tbe lady above me. So do just call the jail to report it or do u need to call the police as well

William Bailey
William Bailey answered on Dec 4, 2020

Police investigate crime. Jail staff serve a different function

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: There is an informational context on here that’s I’d like to have removed. At which I am placed as victim. How can I?

Nathan e Palmer court of appeal... I am his son.. the so called “victim”

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 26, 2020

This question isn’t very clear. I’d suggesting calling someone on Monday about this issue. Or follow up with a more specific question.

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: how to get a conviction thrown out if the judge bipassed evidence and used a dead person as a witness

the judge used a dead person as a witness in a criminal domestic trial is that lawful and also I thought they have to prove beyond a reasonable doubt they took hearsay of my baby mom and the doctor said there were no signs of strangulation the police said the something and she also contradicted... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 22, 2020

There is no way to answer this question given the information in this question. I understand that this is your recitation of what occurred in the trial. I presume that the county attorney would view things much differently. The only way to assess the legitimacy of your conviction would be to... Read more »

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Does statue limitations apply to convictions
William Bailey
William Bailey answered on Nov 21, 2020

The statute of limitations refers to the period of time between a criminal act and the filing of a charge.

If you are talking about enhanceability there is often a period of time after which a prior conviction can no longer be used.

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2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I was staying at a hotel with my Fiancé in Friley last night and I had the front desk call the cops and they booked him

My fiance was booked on a false domestic violence charge and all day today I've been trying to get it where he gets released he was booked yesterday for and he was processed yesterday but didn't have court today he has court tomorrow at 9:00 a.m. and I told them that it wasn't a... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Nov 6, 2020

Whether your fiancé is charged is out of your hands. That will be a decision for the prosecutor to make. You can let the prosecutor know what you want, but that doesn’t mean that he won’t be charged.

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4 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Domestic assault no victim statement victim did not press charges
William Bailey
William Bailey answered on Oct 3, 2020

Once the police are called the victim is no longer in charge of whether charges are pressed. If you have been charged with a crime you need to contact an attorney right away.

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3 Answers | Asked in Criminal Law, Communications Law, Domestic Violence and Native American Law for Minnesota on
Q: Are charges possible 2 do on a incarcerated inmate with felony assaults,multiple domestics,terroristic threats&stalking?

The only contact was the inmates texter and phone calls. The inmate was told several times to stop calling and texting but has continued to do so with disrespectful remarks and unbelievable name calling along with telling other inmates that the person is a ratchet jail pass around then distributed... Read more »

William Bailey
William Bailey answered on Sep 1, 2020

It sounds like there is a possibility of charges for harassment, stalking, unwanted phone calls, etc. If you wanted to pursue charges the avenue would be to report it to police.

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3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: Is it possible to put charges/ofp on someone who is already in jail by what they've text you from their jail texter?

If the person is in jail on 3 felonies in relation to domestic assault, stalking, & terroristic threats with multiple prior convictions in relation to the same felonies they're in jail with now in 2 other states...

Can someone press some kind of charges/ofp on them just from what... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Sep 1, 2020

An individual doesn't "put charges" on anyone. You can certainly report the matter to law enforcement. Whether this individual will be charged depends on whether there are any orders that prohibit contact such as a DANCO or an OFP. He could be charged if there are such orders... Read more »

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