This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand.
I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid... View More 
answered on Nov 27, 2023
It is imperative that you maintain no contact with your mother while the no-contact order is in effect. Only the judge can lift the no contact order through a motion or request by the victim's advocate. Typically, a hearing will be held on the matter. Sometimes that judge will just issue an... View More
This is my first time facing these types of charges. There is a No Contact order with my Mom (the alleged victim) that she doesn't understand.
I am scared I am going to go to jail. My Mom said they would just give me probation. She does not want me to go to jail. She also is afraid... View More
answered on Nov 27, 2023
Facing a criminal charge is a difficult experience. Especially in domestic assault cases, I suggest looking at both long term and short term problem-solving. The long-term is most important, of course. And the trigger for most long-term consequences is "conviction." So a good goal may... View More
She's legally married to me. My question is can she still get her papers. We have been working on them with our immigration lawyer. Now we have came to some personal life problems that got her sent to jail. 2 years married. Is there something we can do to fight for this as she's in... View More
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answered on Nov 23, 2023
In cases involving a misdemeanor charge, such as domestic assault, the impact on immigration processes can be significant. For someone in the process of obtaining legal status, a criminal charge can pose challenges, potentially affecting the outcome of their immigration application.
The... View More
Abuser locked me out ruined my belongings and now he's serving me where is my rights as a victim
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answered on Oct 23, 2023
If you are a victim of domestic abuse or harassment in Minnesota, it's important to know your rights and the steps you can take to protect yourself. You can contact law enforcement to report the incident and document any damage or harm caused by the abuser. Seeking a restraining order, known... View More
Never informed about this . Recieved a probation sentence and violated . Was resentenced by the judge state had removed . Is this lagit
answered on Oct 12, 2023
Did you admit to the violation? Was there an agreement as to the sanction? If so, then you would simply receive the same disposition in front of a different judge. Otherwise, the case could be set in front a different judge for a formal probation violation. But I don't believe that this... View More
Never informed about this . Recieved a probation sentence and violated . Was resentenced by the judge state had removed . Is this lagit
answered on Oct 12, 2023
Was the a contested hearing in front of a judge? Or was a settlement agreement reached before that (as often happens)? Did the defense object to the judge presiding after the state had removed? It doesn't sound like a winner so far, but you may want to have a discussion about it with your lawyer.
I have an ofp on my ex and have had it renewed, if u will 3 times over the last almost 5 years. He has been violated on this ofp. He recently bought a house on my road and is even closer to my home then before. Just out of the 1000ft ordered range. He drives by all hours of the night and is... View More
answered on Oct 4, 2023
No. a court cannot turn an OPF into a DANCO. A DANCO (Domestic Abuse No Contact Order) is based on a statute that allows a court to issue such an Order in a criminal case. So if a person is a defendant in a criminal case involving "domestic abuse" then the judge could issue a DANCO... View More
answered on Sep 15, 2023
You can certainly contact the prosecuting attorney's office to explain that you wish to recant your statement. There may be consequences for doing do, including the possibility of falsely reporting a crime and there is no guarantee that the charges will be dismissed. In fact, I think that it... View More
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answered on Sep 14, 2023
Document your reasons for the change and work closely with your attorney to draft an explanatory statement. Submit this to the relevant authorities, knowing that legal repercussions, such as false reporting charges, are possible. Be prepared for challenges to your credibility in court and cooperate... View More
In context of an Harrassment Restraining Order: The order says I "shall have no direct or indirect contact with petitioner, including any visits to or phone calls to petitioners home, contact via electronic means such as email or social networking sites.”
Can I be in the same... View More
answered on Sep 5, 2023
Is there a limitation as to how many feet away? if not the Order is somewhat vague and may not be giving clear guidance to a police officer who may be called to enforce the Order. I recommend that you contact a local attorney who practices criminal and family law, perhaps have the Order modified... View More
In context of an Harrassment Restraining Order: The order says I "shall have no direct or indirect contact with petitioner, including any visits to or phone calls to petitioners home, contact via electronic means such as email or social networking sites.”
Can I be in the same... View More
answered on Sep 5, 2023
It is totally dependent upon the language in the OFP. I would avoid being in the same location as the protected party. Being at school events is setting yourself up for trouble. The problem is not being there, but putting yourself in a location where she can claim that you had some sort of... View More
Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More
answered on Aug 29, 2023
An attorney is not going to be prepared who is retained the day for a hearing/trial. It is unclear from your question whether this is a criminal trial; an OFP/HRO hearing; a child protection trial; or something else. Your best bet is to go to the hearing and request additional time from the Court... View More
Complex Case: Criminal CPS cases dismissed. Civil current. Appeals? Indefinitely suspended FamilyPT, Juvenile history. Lawyer terminated our client/att. Relationship. Cannot find anyone to represent me. Urgent ExParte; Daughter attempted suicide due to forced to lie about accusation and father... View More
answered on Aug 29, 2023
As a practical matter, the day before a trial begins is too late to retain an attorney in that case. That should be avoided by retaining an attorney near the beginning of a case. The best option "the day before trial" might be to ask the judge for a postponement of the trial, to allow... View More
Do I not have a right to bring all witnesses forward and to continue to prove that what my sister said is not true? Additionally, my sister never said I should not talk to her. Is that not necessary prior to obtaining a restraining order? My sister owes me money from my fathers estate and now I... View More
answered on Aug 9, 2023
The judge should've taken a break and allowed your witnesses to finish their testimony at a later time. It is not necessary that your sister have "warned you" prior to pursuing a restraining order. She can move straight to getting a restraining order and then the judge has to make... View More
The person who called cops didn't want to press charges but felt forced to after being asked several times. She then says yes. Later wants to drop charges not feeling scared or physically hurt how can they still pursue the matter of she doesn't claim to be a victim
answered on Aug 3, 2023
Yes, the state will likely charge the abuser. Every day in every courthouse in every county in every state across this nation abuse victims want to recant their stories claiming they lied or were otherwise mistaken to save their abuser. The police, judges and prosecutors hear this every day.... View More
The person who called cops didn't want to press charges but felt forced to after being asked several times. She then says yes. Later wants to drop charges not feeling scared or physically hurt how can they still pursue the matter of she doesn't claim to be a victim
answered on Aug 4, 2023
In Minnesota individuals do not press charges. The decision of whether to move forward with charging is made by a prosecutor. The wishes of the alleged victim are considered, but not dispositive. Ultimately the prosecutor, Ken, and will move forward with charging even if the alleged victim wants... View More
I have proof against an abuser/drug dealer who's been somehow discrediting me and changing legal docs at court house. If I prove the abuse, it'll prove two deaths are NOT suicide. And struggling getting my Mayo Clinic medical records sent to the VA cuz have proof of abuse! I have been... View More
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answered on Jun 18, 2023
I'm sorry to hear about the difficult situation you are facing. It sounds like you have been through a lot and are trying to uncover the truth about the deaths of your ex-husband and stepson.
If you believe that the medical examiner's office has sent you a partial police report... View More
answered on Jun 8, 2023
No, the legal process of serving your wife with divorce papers would not be a violation of an OFP. But you should have representation assisting you with this process. Having a "friend" serve her with divorce papers is far more likely to cause problems for you than if you have an... View More
Person w/DANCO was arrested and charged two weeks prior in a different county..is it legal for the police to let person w/DANCO go and arrest protected party on false claims of abuse? Protected party was found not guilty also as this was drug out in court
answered on Jun 7, 2023
The police can arrest if they have what in their view is probable cause (a much lower standard of proof than what is needed for conviction). If the person subject to the protective order filed a false report that may be a crime but the decision as to whether to charge belongs to the prosecutor.... View More
the legal father of my daughter got a domestic assault charge for beating up his now ex-girlfriend in november, he made me believe she was lying but she recently showed me the evidence and i’m now concerned for my child’s safety as there was an incident where all of her teeth became intruded... View More
answered on Jun 3, 2023
For imminent help call here. Domestic Violence Crisis Line (866) 223-1111. Moving forward consider call one of us. Limited-scope representation is when you and a lawyer agree that the lawyer will handle some parts of your case and you will handle others. This is different from more traditional... View More
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