Legal Question in Civil Rights Law in Minnesota

My son who is incarerated was not notified of an Order of Protection hearing that took place over a year ago and the judge took away any contact with his 7 year old daughter. He was incarerated at the time of the hearing and never notified of it so that he could have some one else present. This order of protection states he cannot have any contact via phone, letters, etc with his daughter. Can he appeal this Order of Protection because of lack of notification and that it happened over 12 months ago? Basically his parentel rights were taken away from him. Also, he will be released April of 2015 and will be living with me, his mother. Can he list our home address for parole purposes if I see his daughter every other Thursday if this Order of Protection cannot be appealed.


Asked on 7/22/14, 6:14 am

1 Answer from Attorneys
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Routinely judicial officers will verify that the respondent to such an action was served. There is a 'short form' that is often used, but it does happen at times that no personal service was made. Alternative service is made in certain instances. Probation (the preferred term) officers will direct your son as to his terms, conditions and requirements. You may secure an attorney to assist and advise you at this time. It is wonderful that you are a loving and caring support to your incarcerated son. Tricia Dwyer Esq. Minnesota Order for Protection Law Attorney - Minnesota Family Law Attorney - Minnesota Criminal Defense Attorney - Minnesota DWI-DUI Attorney, Tricia Dwyer Esq & Assoc PLLC phone 612-296-9666, http://DWYERLAWFIRM.net

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Answered on 7/22/14, 11:43 am


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