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Can I Get a Restraining Order Removed?

Posted By Caplan & Tamburino Law Firm, P.A. || 18-Apr-2017

A restraining order can greatly impact your life and personal well-being. If a restraining order has been requested or if one has been issued against you, you should understand that there can be a number of implications, including no contact with the alleged victim, limited access to your family or your home, and even repercussions in other legal proceedings. Under Minnesota law, however, you have the right to challenge a restraining order at an evidentiary hearing.

Our legal team at Caplan & Tamburino Law Firm, P.A., has helped protect the rights and futures of many clients who faced restraining orders, as well as restraining order violations or other related criminal and administrative allegations, including domestic assault and Title IX hearings. Our criminal defense attorneys know Minnesota laws on restraining orders and how to effectively advocate for our clients.

Restraining orders can be removed, and our legal team has achieved many successful case results doing just that for clients. Because we understand the issues involved in these cases, and the various types of restraining orders under Minnesota law, we know how to handle evidentiary hearings and any related criminal proceedings. These restraining orders include:

  • Order for Protection (OFP) – An order for protection is a civil order that alleged victims can obtain when there are claims of abuse committed by a family member. Aside from posing possible penalties when an order is violated, OFPs can also have an adverse impact on other proceedings, including those involving family law, divorce, and child custody.
  • Harassment Retraining Order (HRO) – Harassment restraining orders are also civil protection orders, but they are obtained by alleged victims of abuse or harassment who are not related to the alleged offender.
  • Domestic No Contact Order (DANCO) – Domestic no contact orders are not civil orders obtained by victims, and are instead issued per the request of a prosecutor. Typically, these are issued during criminal cases involving domestic assault, harassment, or stalking, or as the result of violating a prior restraining order.

Because restraining orders can create significant personal issues, it is in your best interests to work as quickly as possible to avoid them being issued. However, you can also contest the imposition of an OFP or HRO, and not a domestic no contact order. In cases involving DANCO, our team can address any underlying criminal allegations you may be facing.

During evidentiary hearings, you and your attorney have the opportunity to argue to the court as to why a protective order should not be issued against you. If both parties are seeking mutual requests for a restraining order, it can also be argued why an order should be issued not against you, but the other party. Our attorneys have experience representing both respondents and petitioners during HRO and OFP evidentiary hearings, and we have the tools to effectively illustrate why petitions do not rise to the level of issuance as indicated by law, limit evidence to be used in a hearing, or challenge whether there may have been other motives behind a petitioner seeking a restraining orders.

Neglecting to handle issues involve restraining orders or attempting to handle them on your own can result in a number of negative and restrictive consequences. By taking immediate action and speaking with a member of our legal team, you can gain the support needed to conduct thorough investigations and prepare for a restraining order hearing to challenge the petition.

Learn more about your rights when it comes to restraining orders in Minnesota and how our Minneapolis restraining order attorneys can leverage decades of experience to fight on your behalf. Contact Caplan & Tamburino Law Firm, P.A. 24/7 for a FREE consultation with a member of our team.

Categories: Criminal Defense
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