An Order for Protection (OFP) is something that may be put in place in situations where domestic abuse has been proven or alleged. While the specifics of an Order for Protection will be laid out in the order, generally it states that the defendant (the restrained party) is not to have any contact with the victim (the protected party). Failing to follow the rules that have been set in the order can have major consequences for the restrained party, but what if the victim is breaking the OFP? In today’s blog, we take a closer look at what happens when the protected party violates an Order For Protection in Minnesota.
When The Victim Breaks An OFP
Despite the terminology that we used in the above sentences and header, it’s not technically possible for the protected party to violate an Order for Protection. An OFP is not a two-way set of rules. Instead, the order will specifically state what the restrained party cannot do in relation to the protected party. The restrained party may be told not to have any contact with the victim or not to intentionally be at the same location as the protected party, but again that only applies to the defendant. The victim cannot break an Order for Protection in Minnesota.
Keep that in mind if you ever find yourself on the receiving end of an Order for Protection. You may be told not to contact the alleged victim in any way, but if they send you a text and you reply, you can actually be found in violation of the order. Don’t take the bait, whether or not it was intentional on their part.
If you receive a text, call or email from the named party in the OFP, ignore it. Better yet, inform your lawyer of the interaction. You’ll want it on record that you are attempting to remain in good standing with the order despite contact from the victim. Let the court sort it out, because if you reply, you can end up in major trouble. Even if the victim is reaching out because they claim to want to drop the order, forward all communication to your lawyer and let them handle it. You have nothing to gain and plenty to lose by engaging in a conversation with the protected party, even if they initiate contact.
So no, a victim cannot violate an Order for Protection in Minnesota, but know that contact from the victim doesn’t absolve you of your obligations to avoid contact with the protected party. It may seem unfair, but if you know that no contact is allowed and that you’re in good hands by trusting your case and the order to the team at Appelman Law Firm, things will likely get sorted out in your favor. Avoid contact and let your lawyer handle it, and you’ll be in good standing in the eyes of the law.
For more information about contesting an OFP or managing the fallout from an Order for Protection in Minnesota, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
