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Minnesota Domestic Violence Questions & Answers
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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1 Answer | Asked in Domestic Violence for Minnesota on
Q: My dsughters abuser just violated his restrsining and order and was let out in 8 hrs with7 prior criminal offenses for d

He has 7 prior filings for domestic abuse from other people and has kidnapped

Were dismissed for some reason. Since my daughters exparte order he has popped the tires on the vehicle that drives my grand ac ughter to dsycare of my son in law and his fathers tires ,blocked my daughtets... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 14, 2020

I would suggest that your daughter contact the county attorney for the county where this occurred. That office should be able to answer your specific questions about why the suspect was released. It is impossible to know without more information what occurred here.

3 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: If you where ror and your conditions of release was 2 years probation. you miss your sentencing court what will happen

What will happen when you missed your sentencing court date and have failure to appear warrants but you where originally ror with conditions of release being 2 years probation. What will happen when you turn yourself in on the warrants and to what your conditions of release change for having the... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 3, 2020

You don't provide nearly enough information to intelligently answer what you might be facing when you are sentenced. There is no information here about what the charge was or what your criminal history is relative to your potential sentence. Courts have certainly been processing in custody... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota on
Q: What would be the out come when my boyfriend goes and turns his self in for 3 warrants that are for failure to appear

They are for a DUI and a domestic and for violating a danco. He had missed his sentencing court date on 1/29/20 and the domestic and the violation would have been dropped that day as I had to talk to people because the judge was the one who was pressing the charges for the domestic as I did not... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Aug 3, 2020

It's been six months since he missed court. The likelihood that the warrants would be dismissed under the circumstances without him at least having to turn himself in is non-existent. He would need to be held for an appearance before a judge so that conditions of release could be set. He... Read more »

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: I am trying to get a no contact order dropped. I am the “victim” in this case.
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 17, 2020

Your best bet would be to submit a written request to cancel the no contact order. You will need to provide copies to the prosecutor and the defense attorney. It is no guarantee that the no contact order will be dismissed. Ultimately, that is a decision for the judge to make and will depend what... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: What do you do if your public defender is not doing his job? Do I have any options.

I am being charged with a first degree burglary crime. I was offered a plea agreement which would reduce the sentence to a second degree. I am from Minnesota and there are circumstances and information that has not been considered in this case. I believe that if the judge were aware of the... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Jun 19, 2020

1. Redouble your efforts to communicate with him or her.

2. Failing that, talk to his or her supervisor about possible solutions.

3. Find money and hire a private, paid lawyer.

4. Push towards litigation and trial, rather than accepting any guilty plea bargain you are not certain about.

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1 Answer | Asked in Civil Rights and Domestic Violence for Minnesota on
Q: do i have a right to make someone leave my home ASAP? hes an ex who has moved out and back in several times demandingly

ive asked for an OFP but it was costly and the judge recommended working it out. the police say he can stay here and we have to work it out. he has never paid rent, no utilities and has Coherced me into spending most of my inheritance over the past 2 years in the amount of $40k. hes verbally... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 4, 2020

An OFP should not be costly. There is no filing fee for the petitioner and the court is required to grant the OFP if the court believes that there has been domestic abuse. I would suggest seeking an OFP to protect you. The OFP would exclude him from the residence.

1 Answer | Asked in Adoption, Domestic Violence and Family Law for Minnesota on
Q: Can I get emancipated at 16 if I’m emotionally and verbally abused by both sides of parents?

My step dad goes into blind rages and verbally and emotionally abused me and kicks me and my siblings out of the house, when I leave the house because I don’t feel safe which is legal in Minnesota they threaten to take away everything like my phone and car to get me to come back to where I... Read more »

Roger Adams
Roger Adams
answered on Apr 30, 2020

First let me say how sorry I am for this difficult situation you are in, and you should seek assistance. As far as emancipation, Minnesota Statutes do not provide either the grounds or a procedure for emancipation. Minnesota case law has established that a minor can be emancipated by a legal... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I am in an abusive marriage and have a warrant, how can I get around. Going to jail? I cannot leave my home!

My warrant is out of Anoka Co. MN for failure to turn myself in for failing to complete a dwi MADD IMPACT CLASS. My husband made it so I had no way to get to the classes on purpose, I've paid for the classes but was unable to go. I cannot go to jail, he has threatened to sell all my belongings... Read more »

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

You obviously have a couple of issues going on here.

One, is your warrant. I would suggest getting in touch with the Anoka County Public Defender. You are unemployed so you would obviously qualify for a PD. Explain the issue that you are dealing with and an attorney in the office may be...
Read more »

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2 Answers | Asked in Domestic Violence for Minnesota on
Q: What is certificate of representation and parties and affidavit of service by u.s mail?

About domestic violence

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Apr 4, 2020

The certificate of representation is a statement by an attorney that he or she is representing a party in a case. An affidavit of service by mail is a statement under oath that a party was served by mail with a document.

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1 Answer | Asked in Domestic Violence for Minnesota on
Q: If a ofp in minnesota is granted to one party but the judge agrees to rehear it is the order vacated from 1st hearing

So my ex wife and I both filed at the same time a ofp I was originally present we adjourned I didnt make it back for court to reconvene so per state law mine was dismissed and my exs was granted I filed a motion to have it rehearse and I refiled my original ofp the chief judge granted to hear my... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 23, 2020

The motion that you filed to rehear your request for an OFP would not address the issuance of her OFP against you. So to my knowledge, the OFP from the first hearing should still be in place. In any event, you would receive written notice if the original OFP was vacated or dismissed.

1 Answer | Asked in Criminal Law and Domestic Violence for Minnesota on
Q: I pled down to a disordly conduct under the statue 609.72.1. Can I still buy a gun? If not can I get my rights restore

It was originally a Domestic Assault-Misdemeanor-Intentionally Inflicts/Attempts to Inflict Bodily Harm though was dismissed and then pled down to what I previously said in the beginning. I only admitted to Yelling at the victim in court which was part of the plea deal. Does it bar me from owning a... Read more »

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 20, 2020

A person with a 609.72, subd. 1 (3) conviction does not lose their civil rights to firearms in Minnesota. If there is a problem, check the court's records directly to verify that the conviction is for Minnesota Statutes Sec. 609.72, subd. 1 (3) - exactly. If the court conviction record shows... Read more »

1 Answer | Asked in Domestic Violence for Minnesota on
Q: Yes can a person be added to a protection order during court without the respondent being properly notified or served

During the hearing I was late to court both me and my ex wife filed motions for protection hers only listed her three boys and her self where as mine listed me and our daughter, now my motion was dismissed due to not being on time but I'm refiling my motion of protection but after the hearing... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 17, 2020

You could certainly file a motion to reconsider the addition of your daughter to your ex-wife's order for protection. I doubt that you will have much success refiling your request for an OFP since you showed up late. The Court system is not set up to allow for successive requests for orders... Read more »

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