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Order for Protection Violation in Minnesota

Violating an Order for Protection (OFP) in Minnesota is a serious offense with potentially life-changing consequences. Whether it’s a first-time misdemeanor charge or a felony-level offense, understanding the laws surrounding OFP violations is crucial. This blog will break down the key aspects of OFP violations, including when they are considered misdemeanors, gross misdemeanors, or felonies, and the penalties associated with each. We’ll also explore the impact of prior convictions, the role of dangerous weapons in enhancing charges, and why having legal representation is essential when facing these charges.

When Is a Violation of an Order for Protection a Misdemeanor?

Minnesota Statute 518B.01 criminalizes violations of an Order for Protection (OFP). A first-time violation without additional aggravating factors is classified as a misdemeanor, punishable by up to 90 days in jail, a fine of up to $1,000, or both.

What Enhances a Violation of an Order for Protection?

1. Prior Qualifying Domestic-Related Convictions

A misdemeanor OFP violation can be elevated to a gross misdemeanor or felony if there are previous domestic-related convictions. These convictions are outlined in Minnesota Statute 609.02 and include offenses such as:

  • Previous OFP violations
  • Harassment Restraining Order violations
  • Domestic assault
  • Terroristic threats
  • Non-domestic assault

Interestingly, Minnesota law allows non-domestic offenses, such as harassment restraining order violations with no domestic relationship, to qualify as aggravating factors.

2. Possession of a Dangerous Weapon

An OFP violation is automatically enhanced to a felony if committed while possessing a dangerous weapon, regardless of prior offenses.

When Is an OFP Violation a Gross Misdemeanor?

An OFP violation is elevated to a gross misdemeanor if committed within ten years of a previous qualified domestic violence-related conviction. For example:

  • A harassment restraining order violation five years prior can elevate the new OFP violation to a gross misdemeanor.

However, the previous offense must have resulted in a conviction. If you completed a stay of adjudication or continuance for dismissal, the new offense cannot be enhanced.

When Is an OFP Violation a Felony?

An OFP violation becomes a felony if:

  • It is committed within ten years of two prior qualified domestic violence convictions.
  • It involves possession of a dangerous weapon, regardless of prior convictions.

For example, if you were previously convicted of an OFP violation and an assault offense within ten years, a new OFP violation would be charged as a felony.

Is an OFP Violation a Civil or Criminal Case?

This discussion focuses on criminal violations of an OFP. However, a protected party can also file a motion for civil contempt of court based on the same violation. In rare cases, courts may impose jail time through civil contempt. However, many courts avoid these proceedings, as they may conflict with defendants’ rights in criminal cases.

How Much Jail Time Will I Get for Violating an Order for Protection?

Minnesota law mandates a minimum sentence of three days in jail for an OFP violation. However:

  • Jail time may be waived if you complete specific programming.
  • Diversion options, such as a continuance for dismissal or stay of adjudication, can prevent a conviction and avoid mandatory jail time.

For first-time offenders, actual jail time is rare in many Minnesota counties. Courts consider the nature and severity of the violation when determining sentencing.

Do I Need an Attorney if I Am Charged With an OFP Violation?

Yes, legal representation is essential for any OFP violation charge, whether misdemeanor, gross misdemeanor, or felony. A conviction can:

  • Impact ongoing divorce or custody proceedings.
  • Serve as grounds to extend the Order for Protection beyond two years.
  • Create long-term consequences on your criminal record.

An experienced attorney can help navigate the legal process, negotiate outcomes, and potentially prevent a conviction.

Facing an OFP violation charge is serious, but you don’t have to face it alone. Contact Shek Law today to protect your rights and build a strong defense.