Legal Question in Criminal Law in Minnesota

Anyone accountable for failing to prosecute 4th violation of my HRO against ex w

I was granted a ''no contact'' Harassment restraining order 609.748 against my ex wife, who expert testimony confirms has a antisocial personality disorder and stalked me for years. On three different dates, she was arrested, charged and plead guilty to violating it. The prosecutor and judge comblined them all into one misdeamor charge and gave her a fine and that's it. I asserted my victim rights and opposed such a deal. After that, the stalking got seriously worse,and I ended up losing my job and seeking counseling for being stalked. Nonetheless, and in spite of ''no contact''order, she continued to send me letters, call me and leave messages on my machine, and she was again charged with three additional subsequent violations of my 609.748 restraing order. The prosecutor refused to enhance the charge to a gross, and she got off on an amended ''disorderly'' with stay of adjudication, and a fine to be paid in one year. Well, two years later, she hasn't paid her fine. Can the Court and prosecutor just choose to ignore the law and my rights like this? How can I get protection?


Asked on 10/26/04, 9:05 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Anyone accountable for failing to prosecute 4th violation of my HRO against

Prosecutors have "prosecutorial discretion" in making criminal charging decisions. There have been cases where prosecutors have been sued under federal civil rights statutes and other grounds, but these suits face the hurdle of "qualified immunity" and the like, for decisions within "prosecutorial discretion." Note that any rights you might have for such a civil lawsuit will diminish over time, and be time barred at some point. Consult a lawyer willing to discuss these issues fully, right away, in order to protect any rights you might have in this regard.

Apart from a civil suit against the prosecutor, you might try working with police and the prosecutor(s) to persuade them that justice requires strong prosecution and that there is adequate evidence to prove a case. To strengthen the evidence, there are things you could do, things the police could do, and things a private investigator could do -- in all likelihood.

You might also read through the MN victim rights statute. Though I am a criminal defense lawyer, I have used it many times on behalf of victims against the wishes of the prosecutor. Victims also have the right to be represented by private counsel. I believe there are also "victim advocates" in the government and in non-profit organizations.

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Answered on 10/27/04, 10:46 am


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