Minnesota Harassment Restraining Order Lawyer
Are you going through heated divorce or custody battle? Has an ex-spouse sought to exclude you from a home or from having contact with children? It is all too common for vindictive spouses, former friends, partners or neighbors to seek to disrupt your life by claiming that you have harassed them. These Orders are civil in nature but have potential for serious criminal consequences if the terms of the Order are violated.
Don’t wait to be accused of violating an Harassment Restraining Order; instead, don’t let the order issue. If you have been served with court papers from someone seeking Harassment Restraining Order, defend yourself. Contact Brent Schafer to discuss your case.
Brent Schafer has successfully defended numerous clients against people seeking a Harassment Restraining Order. Brent is a former prosecutor and now a criminal defense attorney who has spent the last 17 years in the courtroom examining and cross-examining witnesses. Brent will guide you through this trying time and help you defend yourself against any allegation. Don’t let false facts result in the issuing of a Harassment Restraining Order that will affect your basic freedoms.
If you or a loved one have been served with court papers seeking a Harassment Restraining Order, call Brent S. Schafer at 612-940-0129 or Toll Free at 1-877-880-9900. He can help you today! Call now for a free consultation.
What is a Harassment Restraining Order?
A person who is a victim of “harassment” may seek a restraining order from the district court. The parent, guardian, or step-parent of a minor who is a victim of harassment may seek a restraining order from the district court on behalf of the minor. The definition of “harassment” includes a single incident of physical or sexual assault, or repeated incidents of intrusive or unwanted acts, words or gestures that have or are intended to have a substantial adverse effect on the safety or security of another, regardless of the relationship between actor and target.
“Harassment’ also includes targeted residential picketing and a pattern of attending public events after being notified that the actor’s presence at the event is harassing to another.
The burden on establishing the need for Harassment Restraining Order is on the Petitioner. It is important that you understand how critical the proper attorney is when your rights and your basic freedoms are at stake. Brent has successfully defended numerous clients in Harassment Restraining Order Hearings. Call Brent now for a free consultation to discuss your case.
You have very little time to prepare your defense. You need to be immediately working on defending yourself!! Witnesses need to be interviewed and evidence gathered in order to protect your rights and guarantee a fair hearing.
Having an Harassment Restraining Order issued against you is something that can effect employment, the right to possess firearms and to participate in activities involving minor children, such as coaching or teaching. Background checks will reveal the existence of these orders. A violation of these orders will result in serious criminal charges and jail. Don’t wait to be arrested for a claimed violation of Harassment Restraining Order; fight against the order being issued.
Brent Schafer is a seasoned, 17 year, courtroom litigator. He has represented clients in 58 of Minnesota's 82 counties. Brent is willing to speak with you 7 days a week, 24 hours a day if necessary. We accept all major credit cards. You will find our fees to be reasonable and competitive with other quality criminal defense firms in the area.
Do not be fooled into allowing Harassment Restraining Order to be issued “without a finding of harassment or wrong doing on your part.” This is often a way people are talked into allowing an order to issue. Whether or not a factual finding made, the Harassment Restraining Order will issue and any “claimed” violation will land you in jail.
If you have an order against you and the other party is seeking an extension, don’t go it alone. There are specific facts that the moving party must prove in order to get Harassment Restraining Order or to extend an existing Harassment Restraining Order. The burden is on the moving party to establish facts justifying and Harassment Restraining Order. This evidence must be presented in open court and all witnesses subject to cross-examination.
If you or a loved one have been served with court papers seeking Harassment Restraining Order, call Brent S. Schafer at 612-940-0129 or Toll Free at 1-877-880-9900. He can help you today! Call now for a free consultation.
Brent Schafer practices in the following counties: Hennepin County, Ramsey County, Washington County, Dakota County, Scott County, Anoka County, Isanti County, Pine County, Chisago County, Goodhue County, Winona County, Wabasha County, Rice County, Houston County, Olmsted County, Fillmore County, Mower County, Freeborn County, Martin County, Jackson County, Nobles County, Rock County, Pipestone County, Murray County, Cottonwood County, Dodge County, Steele County, Waseca County, Blue Earth County, Brown County, Redwood County, Nicollet County, Lyon County, Lincoln County, Yellow Medicine County, Renville County, Lac Qui Parle, Chippewa County, McLeod County, Carver County, Wright County, Meeker County, Kandiyohi County, Sherburne County, Benton County, Sterns County, Pope County, Douglas County, Grant County, Stevens County, Swift County, Big Stone County, Traverse County, Wilkin County, Otter Tail County Todd County, Morrison County, Mille Lacs County, Carlton County, Aitkin County, Crow Wing County, Sibley County, Wadena County, Cass County Hubbard County, Becker County, Clay County, Norman County, Cook County, Lake County, St. Louis, Itasca County, Koochiching County, Beltrami County, Lake of the Woods County, Mahnomen County, Roseau County, Kittson County, Marshall County, Polk County, Pennington County, Red Lake County, Kanabec County and Faribault County.
609.748 HARASSMENT; RESTRAINING ORDER.
Subdivision 1.Definition.
For the purposes of this section, the following terms have the meanings given them in this subdivision.
(a) "Harassment" includes:
(1) a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect or are intended to have a substantial adverse effect on the safety, security, or privacy of another, regardless of the relationship between the actor and the intended target;
(2) targeted residential picketing; and
(3) a pattern of attending public events after being notified that the actor's presence at the event is harassing to another.
(b) "Respondent" includes any adults or juveniles alleged to have engaged in harassment or organizations alleged to have sponsored or promoted harassment.
(c) "Targeted residential picketing" includes the following acts when committed on more than one occasion:
(1) marching, standing, or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building; or
(2) marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located.
Subd. 6.Violation of restraining order.
(a) A person who violates a restraining order issued under this section is subject to the penalties provided in paragraphs (b) to (d).
(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary restraining order or a restraining order is granted under this section and the respondent knows of the order, violation of the order is a misdemeanor.
(c) A person is guilty of a gross misdemeanor who knowingly violates the order within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency.
(d) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person knowingly violates the order:
(1) within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency;
(2) because of the victim's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin;
(3) by falsely impersonating another;
(4) while possessing a dangerous weapon;
(5) with an intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a judicial proceeding; or
(6) against a victim under the age of 18, if the respondent is more than 36 months older than the victim.
(e) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under subdivision 4 or 5 if the existence of the order can be verified by the officer.
(f) A violation of a temporary restraining order or restraining order shall also constitute contempt of court.
(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested party designated by the court, alleging that the respondent has violated an order issued under subdivision 4 or 5, the court may issue an order to the respondent requiring the respondent to appear within 14 days and show cause why the respondent should not be held in contempt of court. The court also shall refer the violation of the order to the appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).
If you have received court papers requesting and Harassment Restraining Order be issued against you, contact an aggressive and experienced Minnesota criminal defense attorney. The experienced criminal defense attorneys at Schafer Law Firm can answer your questions, prepare a thorough defense, and help ease your mind as your case moves through the complex legal system. Call 651-209-1919 or Toll Free at 1-877-880-9900 today for a free consultation regarding your case. Brent is willing to speak with you 7 days a week, 24 hours a day if necessary. He accepts all major credit cards. You will find his fees to be reasonable and competitive with other quality criminal defense firms in the area.