Legal Question in Criminal Law in Minnesota
Unjust Restraining order
One of my neighbors filed a restraining order against myself and my 13 year old daughter. The plaintiff says my child and I are stalking her and taking photographs with out her permission. What legal acts should I or can I take in retalleation?
2 Answers from Attorneys
Re: Unjust Restraining order
None. Retaliation would be the quickest way to get a tour of the jail.
You go to court and challenge the restraining order.
Re: Unjust Restraining order
It sounds like you are talking about a CIVIL retraining order motion (these are not criminal law proceedings). In Minnesota, these are usually commenced with the petitioner asking the court for a temporary, ex parte restraining order, which if granted is only in effect until the hearing date. If you want to fight it, be sure to show up at the scheduled hearing. If you don't, you'll lose by default, and a one or two year court order may result. Of course, your chances of success are much better if you have a lawyer helping you.
You could file a counter-petition for a restraining order, if so act quickly. You would need to do that a the courthouse where the case is venued. A lawyer's help here, again, could benefit you. Good luck.
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