Harassment & Order For Protection Attorney

Orders for Protection (OFP) and Harassment Restraining Orders (HRO), are civil remedies available to victims of harassment, threats, or violence. These court orders forbid a particular individual from having contact with other people allegedly victimized by harassment, threats, or violence. They can be preliminarily obtained against someone without a hearing, and can dramatically affect the defendant’s rights in future criminal and family law proceedings.

Pursuant to Minnesota law, the Courts are required to assist individuals in filing for HROs and OFPs without the aid of an attorney. As a result, petitions for HROs and OFPs are oftentimes filed by an individual without an attorney and petitioners and defendants alike mistakenly believe that future court proceedings will be short and simple. Rarely is that the case. Many HRO and OFP hearings mushroom into full-blown mudslinging trials with complex witness testimony and exhibits. Additionally, it is not uncommon for the opposing party to appear with an attorney without notice on the day of the hearing in an attempt to sabotage the opposing party.

These cases, more than any other, tend to be the tip of the legal iceberg. Under the surface, there is usually a divorce or child custody dispute brewing. We oftentimes see these proceedings improperly used by people seeking to gain an unfair advantage in upcoming or pending child custody proceedings, and before criminal charges come to light.

In one-sided cases, less qualified attorneys will oftentimes just stipulate to an order with no findings, or will advise their clients not to challenge the ex-parte order or request a hearing. That is oftentimes a mistake. An aggressive and experienced litigation attorney like those at Cadem Law Group can use these proceedings to scratch out benefits in future criminal and/or custody matters. For example, except in very rare situations, we are unable to take the statement of victims in criminal matters before the trial. HRO and OFP hearings gives us the rare opportunity to do so. That testimony can give us valuable information and expose weaknesses in the victim’s version of events before the trial, even when we know we will lose the OFP or HRO hearing. This is also an important consideration for those wishing to file for an HRO or OFP. Victims’ advocates like those at Someplace Safe oftentimes encourage victims to immediately apply for an order. However, if criminal charges are being filed, a Domestic Abuse No Contact Order (DANCO) and general conditions of release prohibiting contact with the victim will almost always be issued. In such a circumstance, an HRO or OFP is in many ways duplicative, and may not serve the best interests of the victim when looking at the bigger picture.

Probably the most important issue to consider when dealing with HROs and OFPs is that they can dramatically affect the ability of parents to co-parent in the future, can affect the ability of people to reconcile, and they can affect gun rights. Once an order is issued, it is the Court’s order, not the Petitioner’s. The parties are unable to agree between themselves to disregard the order, even if that is the wish of both parties. The parties are also unable to alter the terms of the order without agreement and further Court action, and even then, the Court can deny the request.