Legal Question in Criminal Law in Minnesota
Restraining order
What are the implications of being served a restraining order?
Appearance in court?
Legal counsel?
2 Answers from Attorneys
Re: Restraining order
The typical situation like the one you seem to refer to, would be getting served a temporary "Order for Protection" or a temporary "Harassment Restraining Order," with a Hearing Summons. The implications should be set forth in the document itself, such as "no contact with person X". Also, if you don't show up at the court hearing (or get it rescheduled), a permanent Order will likely be granted to the Petitioner. You can have lawyer represent you at the hearing. Some implications many people are not aware of include: loss of gun rights, and possible immigration/deportation consequences, temporary child support. you would be wise to get a lawyer to help you, to show up for the hearing, and fight it.
Re: Restraining order
The answer to your question depends on the type of restraining Order.
An Order for Protection is a restraining order that alleges that abuse has occurred between parties that reside together or that have children in common. The implications of restraining order in this context are significant. Under the Brady Bill you may no longer be allowed topossess a firearm is domestic abuse is found to have occurred. You may find additional information regarding this implications on our web site article on Domestic Abuse located at the bottom of the page http://www.divorceprofessionals.com
A Harrassment Restraining Order is just that - an Order preventing one party from contacting or harrassing another. Both the Order for Protection and the Harrassment Restraining Order are enforceable by police. If there is a violation or even an alleged violation, you may be charged with a misdemeanor resulting jail time.
It is important to contact an attorney in your state regarding these matters.
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