Legal Question in Family Law in Minnesota

Violation of order for protection case.....

My boyfriend's ex put a restraining order on him( not allowing him to see his daughter or the ex) almost a year ago but used it bascially to hold over his head every time she got mad. She contacted him on a regular basis for the majority and would let him see the baby if he gave her money, etc. None of this was ever reported to the police dept. Now he gets a letter saying that he violated the order for protection by calling her and emailing her on two specific days ( which is untrue)also keep in mind this was 2 months after the last contact with her ( which again was her contacting him). I know that he is in voilation by even talking to her but she has been lying saying that she is going to take the order off, and that she just wants to let him see the baby now. What man in his right mind wouldnt belive her and try to see his child which is all he wanted all along! So my question is isnt she in violation as well? Is it legal for her to do this? This doesnt seem right... please help!!! Thank you.


Asked on 9/17/05, 1:07 pm

2 Answers from Attorneys

Re: Violation of order for protection case.....

Restraining orders generally are strictly enforced in Minnesota. He can petition the court for an order giving him visitation rights. Under current Minnesota law, that is the only way he can get enforceable visitation rights

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Answered on 9/19/05, 12:23 pm

clarification of previous reply

By "strictly enforced," I meant to say that courts follow the language of restraining orders very closely. If the language of the order is such that it specifically only restrains your boyfriend from doing certain things, then he is the only one who can be charged with a violation of it.

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Answered on 9/19/05, 12:27 pm


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