Will Anyone Be Testifying Either For Or Against Me At The Hearing?
If the person who does not want the restraining order requests the hearing, then the person who is asking for it will have to testify in order to justify the request. Then, it is up to the respondent to decide whether they want to testify or not.
What Happens After A No Contact Order Is Put Into Place By The Court?
If a domestic abuse no contact order is put in place by a judge before the defendant is convicted of any crime, then it will last until there is a conviction. If, ultimately, the person is acquitted or the case is dismissed, then the order is also dismissed. If the person is pleading guilty or is found guilty, then there may be a second DANCO that is considered a probationary DANCO, and that is open to arguments and negotiation by the parties. If the person is subject to a harassment restraining order or an order for protection, those generally start at one year and can go for two years. If there are subsequent violations or if there are subsequent issues, the maximum a restraining order could issue for is 50 years.
Is There A Possibility To Plead Your Case And Have A Protective Order Dropped?
There are legal standards that have to be met before a protective order can be put in place. It is possible, with a skilled attorney, to prove that the circumstances that lead to the protective order are not true or have been grossly exaggerated. That may lead to a judge ultimately deciding that there is not a basis for a protective order to remain in place.
What Happens If Someone Violates An Order Of Protection?
Violating an order for protection, a no contact order, or a harassment restraining order is a crime in Minnesota. It would be a misdemeanor offense, if you do not have any prior domestic assault type convictions. If you have prior convictions, then it could be elevated to either a gross misdemeanor or a felony.
Can Someone Ever Have A No Contact Order Expunged Or Removed From His Or Her Record?
Will It Show Up The Same As A Criminal Charge Or A Conviction?
If it is a domestic abuse no contact order, then it is a pre-trial condition and it is not going to show up the same as if you were convicted. If it is an order for protection or harassment restraining order, those are civil and they are not going to show up the as a criminal conviction either.
Additional Information On Domestic Abuse No Contact Orders In Minnesota
It is important to know that if the protected party tells you it is okay to have contact, you cannot trust that unless you have a court order from a judge saying that the restraining order has been dismissed. It is very, very risky to go ahead and have contact with someone without seeing a dismissal signed by a judge and filed in court.
For more information on Testimony At A DANCO Hearing In Minnesota, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 314-9620 today.
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