Legal Question in Criminal Law in Minnesota

I am asking this for my brother as he doesn't understand what he needs to do...All started with a divorce/child custody then because she did not like what the judge indicated 1/2 the debt would be hers and he suggested they both go thru ENE she did not like that so now she has a temp restraining order on him along with trying to get him for domestic assault he has never hurt her or the kids or had the police called for any dispute. She says he is stalking her and he is not he cannot even afford gas to get to work and back. The judge gave him 2 options 1 to contest it one not if he did not contest it would not go on a criminal record but could affect the outcome in his divorce and custody. Should he get a lawyer to help him

Asked on 7/14/18, 9:56 am

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

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Yes, a person facing an Order For Protection Hearing in family court should be represented by a lawyer; and if a person is also charged with a crime such as misdemeanor domestic assault that person need a lawyer.

In family court Order For Protection ("OFP") hearings, many acknowledge tremendous gender-bias against men, which led to a general anti-Respondent bias. Even so, it is important to defend against them since an OFP can set the Respondent up for a future false criminal charge; and because it can influence any other cases involving children in family court.

Answered on 7/14/18, 10:06 am

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