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Minnesota Restraining Order Violations
Accused of Violating a Restraining Order in Minneapolis?
In Minnesota, the consequences of violating a restraining order are serious. In the eyes of the law, if you violate a restraining order, you are ignoring a direct order from the court. Even if you believe that the restraining order was filed under false pretenses, you can still be charged with a crime if you violate its terms. For this reason, you should secure the help of a Minneapolis criminal defense lawyer from Caplan & Tamburino Law Firm, P.A. if you have been accused of violating any such order.
After an arrest, time is not on your side. Here’s why you should give us a call:
- We take calls 24/7 – we’ll be there when you need us
- Our firm has handled hundreds of jury trials since 1983
- Our lead attorney is a Board Certified Criminal Law Expert
- Both of our partners have served as state prosecutors
- Our attorneys offer FREE, no-obligation evaluations
Consequences of Violating a Restraining Order
In Minnesota, the court may issue a protective order if they have reason to believe that someone is in danger of, or has been subjected to, domestic violence, harassment, or stalking. They can either issue a temporary restraining order or long-term restraining order, depending on the facts of the case. If you violate a protective order, you could face misdemeanor, gross misdemeanor, or felony charges.
- Misdemeanor: If you are accused of knowingly violating a restraining order, and you have no prior convictions for domestic assault, you will be charged with a misdemeanor. If you are convicted, you could face a maximum of 90 days in jail and up to $1,000 in fines.
- Gross Misdemeanor: If you are accused of violating a restraining order, and you have been convicted of domestic violence within the last 10 years, you will be charged with a gross misdemeanor—which is punishable by up to one year in jail and $3,000 in fines.
- Felony: If you are accused of violating a restraining order, and you have been convicted of domestic assault two or more times within the past 10 years, you will be charged with a felony. This crime is punishable by a maximum of five years in prison and $10,000 in fines.
Other Factors That Could Lead to Felony Charges
Aside from prior domestic assault convictions, you could also face felony charges for violating a restraining order if aggravating factors were present. For example, your charges could be elevated to a felony if you were in possession of a firearm at the time of the violation, you falsely impersonated someone else, or the victim was under the age of 18 and you are at least three years older.
Don’t Wait – Schedule Your Free Consultation 24/7
After an arrest, Caplan & Tamburino Law Firm, P.A. should be your first call. Our criminal defense attorneys in Minneapolis are here to discuss your case 24 hours a day, 7 days a week, so don’t wait to get the help you need. Our team is backed by nearly a century of legal experience. We’ve also been listed in Super Lawyers® and awarded with an AV® rating from Martindale-Hubbell®. Regardless of the charges you face, you can trust that your freedom, future, and reputation will be in good hands.
Call us at (612) 444-5020 to take advantage of a free, no-risk consultation.
1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
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Attorney Joseph Tamburino is a Board Certified Criminal Law Specialist, achieved by only 3% of Attorneys
We have represented thousands of clients and we have handled hundreds of jury trials
Our attorneys have worked as prosecutors and public defenders throughout the state
Our team is available 24/7 – when our clients need us, we’re there for them
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