Here’s What You Should Know About Harassment Order Penalties in Minnesota
Restraining order violations can have serious consequences. Even false allegations that are later disproven can have a big impact. If you are subject to a restraining order, it’s important that you take it seriously and get legal help as soon as possible.
In our state, Minnesota Statute 609.748 outlines the law on restraining orders, also called harassment orders. If your accuser thinks that you have violated a restraining order, they can report the violation to law enforcement. Your accuser, a peace officer or an “interested party” can also file a petition to hold you in contempt of court.
If a petition is filed, the judge will then issue an order requiring you to appear in court within 14 days and explain why you should not be held in contempt. The judge can also refer the violations to the prosecution. If this happens, it could mean criminal charges are filed against you.
What Is a Restraining Order Violation?
There are several ways to violate a restraining order. Here are some examples of common ways people violate restraining orders:
- Having direct contact with the protected person—Calling, texting, emailing or DMing them after the order for protection forbids it.
- Having indirect contact with the protected person—Asking someone else to pass a message to the protected person or deliver them a gift.
- Visiting the protected person’s home, work or other protected places—This may also include coming within a certain distance or area from the protected person, like parking across the street from their house.
- Harassing, stalking or threatening—Following the person or having them followed, making threats or trying to frighten the protected person.
Some restraining orders also have specific terms that may create additional conditions (like not possessing firearms or staying away from kids). These harassment order penalties can be much stronger.
If you have questions about what is and is not a violation, it’s best to talk with an attorney about your situation right away. You can prevent a lot of heartache and trouble by getting the right guidance before you take action.
Harassment Order Penalties in Minnesota
In Minnesota, people who are found to have violated restraining orders are held in contempt of court. They can also be found guilty of a misdemeanor, gross misdemeanor or felony, depending on the circumstances.
In Minnesota, if you are found guilty of a misdemeanor restraining order violation, you could be imprisoned for up to 90 days and fined up to $1000 or both.
A harassment order penalty is a gross misdemeanor if you violate the order within 10 years of a previous “qualified domestic violence-related conviction.” These include murder, manslaughter, assault, kidnapping, false imprisonment and other offenses. Gross misdemeanor violations carry penalties of up to one year in prison and a fine of up to $3000.
When your restraining order violation is a felony, you may be sentenced to prison for up to five years or be required to pay a fine of up to $10,000. This happens when any of these are true:
- The violation occurred within 10 years of the first or two or more previous qualified domestic violence-related convictions, including juvenile offenses.
- The violation was because of the protected person’s race, color, religion, sex, sexual orientation, disability or national origin.
- You falsely impersonated another.
- You possessed a dangerous weapon.
- You intended to tamper with a court proceeding or retaliate against a judicial officer (like a prosecutor, defense attorney or judge).
- The protected person was under the age of 18, and you were more than 36 months older than them.
Restraining Order Violation Defenses
In restraining order violation cases, the facts matter. Being accused of a violation does not mean you will be found guilty of a violation. Here are some defenses your criminal defense attorney may use:
You weren’t aware: Depending on the facts of your case, your attorney may be able to prove to the court that you did not know that you were subject to a restraining order. If the restraining order was never properly served on you, or if you hadn’t yet received notice of it, you should not be held accountable for violating it.
It wasn’t intentional: Another possible defense, depending on the facts of your case, could be that you did not intentionally violate the restraining order. If the contact was accidental, the court may not hold you accountable.
For example, an unintentional violation could include running into the protected person at the grocery store, and then leaving as soon as you realize that you are both there. Or it could relate to a phone call accidentally made from your phone (a pocket dial).
Claims were false or exaggerated: Sometimes the protected person makes false or exaggerated allegations. This can be the case in family law matters where child custody is at stake. If your lawyer can prove that the protected person claimed contact with you when you didn’t contact them, the charges may be dropped.
In cases like these, evidence is everything. Your lawyer may need to obtain phone records, GPS data or witness testimony that can help clear your name.
Accused? Schedule a Criminal Defense Consultation
If you’ve been accused of violating a restraining order in Minnesota, you need someone on your side to protect your rights. Your criminal defense lawyer can build your defense and tell your story to avoid harassment order penalties. But it’s important to take quick action.
The sooner you get legal help, the more time you give your lawyer to prepare a strong defense. In some cases, it may even be possible for an attorney to help prevent charges from being filed in the first place.
To get started, contact White & Associates in Otsego, Minnesota, to schedule a confidential consultation about your situation. We can help you understand what to expect and what your options may be. Contact us online or call us at 763-241-0477.
