Legal Question in Criminal Law in Minnesota

restraining order

I recently filed a restraining order against a man who was convicted of sexual conduct in the 2nd degree. I was the victim. I have heard that he is going to appeal this and I am worried that it will be granted. What are my next steps of action?


Asked on 4/27/06, 8:34 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: restraining order

It is unclear from your question what sort of "restraining order" you are seeking, under what law. When a person seeks an Order for Protection ("OFP") under the Minnesota Domestic Abuse Act, or a "Harassment Restraining Order" under Minnesota's Harassment Statute, those are "civil," not criminal, proceedings. Therefore this question might be better posed to family law or other civil lawyers BBS.

If you have petitioned for a Harassment Restraining Order, for example, then the "Respondent" (target of the order) has a right under law to request a hearing to put you to your burden of proving the Order should be issued by the court, given the law, and the facts presented at the hearing. The "Ex Parte" order is a temporary order, only in effect prior to the hearing or until the court otherwise dismisses the petition or issues a final order.

You have the right to have a lawyer represent you. If you are worried, you should consider hiring a lawyer to help you with it.

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Answered on 4/28/06, 2:56 pm


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