Legal Question in Family Law in Minnesota
order for protection
my son & wife are at start of divorce. They argued, no physical injury, and she filed OFP. They meet at a park now for child visitation. He didn't talk to her but sent a note back to her mother in the car asking for the car seats and was arrested for violation of OFP. Now I find that I've made matters much worse. Worried about them, I sent a $100 check (no note or anything, just the check) and 2 books from Amazon books. One book on courageous women and a children's book about a rabbit. I didn't know this was wrong, I was trying to help. Now I fear my son will be arrested, and maybe jailed, for my action. He was barely able to afford the retainer for the divorce. He went into court for the OFP without counsel and so it stands. What can he/we/I do?
1 Answer from Attorneys
Re: order for protection
The facts that you describe do not sound like a violation of an OFP. Standard OFP language provides that the respondent cannot communicate with the petitioner either directly or indirectly through third parties. That does not mean that a grandparent cannot communicate with the petitioner or the children.
The risk, of course, is that any communication you have with the wife and children may be construed as indirect communication on behalf of your son. I think a prosecutor would require something more than what you've told us to pursue criminal charges against your son.
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