Violation of an OFP?

Asked over 1 year ago - Oakdale, MN

Me and my Husband had an OFP for each other,(meaning I had one for him and he had one for me), we had it set-up in civil court. We got caught being together, were working things out and wasn't sure how to take off the OFP. So he got locked up for a day then went to court and now is scheduled for another court date coming up in May. Me being a juvenile, I was only issued a citation for when court is scheduled. We both now have our OFPs dismissed. I am wondering what the charges will be since this is a misdemeanor for us both and we both now have our OFPs revoked. (We had our OFPs issued in Ramsey County but the incident occurred in Washington County). The contact between my husband and I was not a dangerous situation also.

Attorney answers (3)

  1. Andrew M. Leone

    Contributor Level 20


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . It sounds like you have both been charged with a misdemeanor offense of Violating an OFP. Although you both have now gotten your respective OFPs dismissed, this does not automatically dismiss each other's criminal charges. The prosecutor(s) handling the criminal case is the only one with the power to dismiss those charges. It would be in both you and your husband's best interests to speak with an attorney privately about the situation. An attorney can negotiate with the prosecutor, and possibly convince him/her to dismiss the case based on the fact that the OFP have since been dismissed. There are also other resolutions to the case(s) that may be possible.

    Now that you are both facing criminal charges, you could be appointed a public defender (depending on your financial situation). Otherwise, you should at least contact a local attorney to discuss the case.

    I hope you find this information helpful and feel free to contact me if you have any further questions.

    I wish you both the best of luck.

  2. Tricia Dwyer

    Contributor Level 19


    Lawyer agrees

    Answered . Hello. Based on what you stated, it would be inappropriate to attempt a response as to what charges may be. You certainly may contact a private attorney who will discuss the facts with you in great detail and provide you with appropriate legal advice. All the best.

  3. Matthew Thomas Majeski


    Contributor Level 19

    Answered . I'm not exactly sure what you're saying, but if I follow: Violation of the OFP is a criminal offense. The charge is "violating the OFP". The OFP is a court order and state law specifically says that violating it is a crime in and of itself. If you are both interested in getting the OFP dropped, you need to bring such a request to court and argue before the judge. You are not guaranteed to get it dropped.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the... more

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