Legal Question in Criminal Law in Minnesota

Gross Misdemeanor & Restraining Order

I received a ''Tab'' or ''Tag'' chrage in the mail which had a statute number for a gross misdemeanor, it also had a court date. My lawyer and I arrived for our court date and there was no record of anything. Secondly, nearly two weeks later, the same complaintent had a restraining order approved for the misdemenor I was originally chraged with. So are these charges separate or the same? The restraining order carries no penalty as long as I abide by it, fine, but will I still be charged with the gross misdemenor. On the last part of the Supplemental Report it says Officer Actions/Observations: mailed (Me) a tag for harassment along with a copy of the statute. It then says Disposition: Closed with tag for harassment. Does this mean everything is said and done? I have not heard from anyone in a week and a half regarding anything and there is no court date set that I know of (Unless I request one to contest the restraining order), so...am I okay or should I be worried about being charged with this gross misdemenor? Thanks!


Asked on 7/22/07, 4:44 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Gross Misdemeanor & Restraining Order

In alleged domestic assault cases in Minnesota, the complaining party can (1) contact police to request investigation of alleged criminal assault; and/or (2) file a petition in family court requesting an "Order for Protection" or "Harassment Restraining Order." These are two, separate legal options available to some claiming domestic abuse -- one is a criminal case, the other is a civil case, each with different court file numbers, different court dates, different legal remedies, etc.

Since you have a lawyer, you should discuss this with your lawyer, or seek to retain the lawyer who will help you with these, soon. If you have been served a petition for a restraining order of some kind, you would be well advised to contact the court to set a hearing date if one has not already been set, and retain legal counsel to represent you in that case. According to the facts stated in your question, it sounds like the prosecutor was delayed in filing criminal charges, which could still be filed. There are several possibilites there, so consult your lawyer about it.

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Answered on 7/23/07, 1:02 pm
JAY Nixon nixon law offices

Re: Gross Misdemeanor & Restraining Order

Sorry, but it sounds as if your charges are in MN, or at least not in WI, hence I am not qualified to respond. You need to hire an experienced criminal lawyer from the area where the charges originate. However, at least in WI, a restraining order case and a related domestic abuse type misdemeanor are totally separate lawsuits. The restraining order is in civil court, the misdemeanor is in criminal court. The restraining order carries no criminal penalties---it is only an order to stay away from the person, etc. Violations of the restraining order, however, become a separate criminal charge in WI. The restraining order in WI also has adverse consequences even though it is not criminal, such as a lifelong prohibition against ever possessing a firearm. There are also terrible employability consequences--employers will be afraid that you will go "postal" on them.

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Answered on 7/23/07, 8:24 am


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