In Minnesota, there are various types of restraining orders. An order can be issued because of domestic violence, harassment, or stalking. The length of the order depends on the circumstances surrounding the case. No matter what the reason for a restraining order, you must obey it once it is in place. Failure to do so will result in additional criminal prosecution.
Violating a Restraining Order in Minnesota
In general, violation of a restraining order is a misdemeanor offense that brings up to 90 days in jail and $1,000 in fines. A person’s criminal history and the specifics surrounding the incident can make the consequences more severe.
For instance, another domestic violence conviction within the past ten years will result in a gross misdemeanor punishable by up to one year in jail and fines up to $3,000. Two or more domestic violence convictions within 10 years could result in a felony offense with penalties of up to five years in prison and $10,000 in fines.
A felony restraining order violation can also result if any of the following are involved in the incident:
- Possession of a firearm at the time of the violation
- False impersonation of another
- Violation where the victim is under 18-years-old and the offender is greater than three years older
- Acting in violation because of the victim’s age, color, national origin, sex, sexual orientation, religion, or disability
These harsh and complex penalties make hiring a Chanhassen criminal attorney a must if charged with a restraining order violation.