Legal Question in Criminal Law in Minnesota
ofp
my brother was at the clinic for a dr. appt and seen his ex who has a ofp against him but did nothing wrong is there anyway he can go around being arrested in violation. she has done this many of times and its even been addressed by the judge himself for her to stop
2 Answers from Attorneys
Re: ofp
It is only a violation if there is an intent to violate. Depending on the language in the restrianing order, in many instances, if he observeds her in the area, he must leave.
Re: ofp
Having an OFP against a person puts them in a vulnerable position. Regardless of who is right or wrong, the practical thing to do that makes most sense is to leave the area immediately if subject to an OFP, and the petitioner is in the area. Proximity is often grounds for arrest.
It is best to avoid becoming subject to an OFP in the first place - having a good lawyer is essential here.
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