Minnesota Violation of Order for Protection Lawyer Discusses Enhanceability, Charges, and More
Domestic related criminal charges in Minnesota are always some of the most emotional and difficult. They are about more than just how you interact with the “outside world.” This can hit directly into your personal life especially if you are looking at a Violation for an Order for Protection (OFP). If you are facing a Violation an Order for Protection (OFP), it is important that you contact a Minnesota Violation of Order for Protection Lawyer to understand what you are up against.
Orders for Protection are unique in that they don’t start as a criminal charge. However, violate one and you will see the power of the court.
Orders for protection (OFP) are unique. While they are issued by a Minnesota District Court, they are much different than No Contact Orders. These are issued because somebody asked for one and the Court felt justified in issuing it. Further, the person who initially requested the Order for Protection (OFP) has the absolute right to go in and have it lifted. That being said, Orders for Protection are unique in that they don’t start as a criminal charge. However, violate one and you will see the power of the court.
Enhanceable convictions don’t necessarily need to be Orders for Protection convictions for things to get worse very quickly.
While first time Violations of Orders for Protection can be bad enough, something called enhanceability can make things go from bad to worse very quickly. Enhanceability is based upon your prior record. Minnesota Violations of Orders for Protection (OFP)s are enhanceable. This means that the more of these you get in a 10 year period of time, the more serious the charges can become. For example:
Misdemeanor Violation of an Order for Protection: A first offense violation of an Order for Protection with no prior enhancing convictions in the last ten years. You could face up to 90 days in jail and a $1000 fine.
Gross Misdemeanor Violation of an Order for Protection A second offense violation of an Order for Protection with one prior enhancing convictions in the last ten years. You could face up to a year in jail and a $3000 fine.
Felony Violation of an Order for Protection A third offense violation of an Order for Protection with two prior enhancing convictions in the last ten years. You could face up to five years in prison and up to a $10,000 fine.
Enhanceable convictions don’t necessarily need to be violation of an Order for Protection convictions nor do they have to be against the same person. Domestic Assault convictions, Violations of No Contact Orders, 5th degree assaults, felony strangulations are examples of possible enhanceable convictions that could make a charge worse.
Because violation of an Order for Protection charges can be so complex, it is important that you sit down with a Minnesota violation of an Order for Protection Lawyer to discuss your case.. Jack Rice is a Board Certified Criminal Law Specialist and Minnesota violation of an Order for Protection Lawyer with extensive experience handling violation of an Order for Protection cases. Contact Jack Rice Defense for a free consultation or call 651-47-7650 or 612-227-1339.