The best way is to hire a good lawyer. If you challenge the Order for Protection, then there will be a court hearing in which witnesses are called to testify and other evidence could be presented. You can do this on your own; however, most likely you will have better odds at success if you are represented by an attorney.
There's no one right answer to this problem. It depends on the circumstances of the case. You need to consult with an attorney in private. They can advise you on how to use the civil discovery process to carefully analyze the accusations made against you, and present evidence to undermine them. Without knowing the allegations or surrounding facts, it's impossible to be specific - but you shouldn't post these details in public on the internet.
One important point: don't assume that anyone will take for granted your claim that the accusations are "bogus." You will need to be able to present evidence to substantiate your claims. If you just go in there and call your daughter and her mother "liars," you will almost certainly lose.
Please read the following notice:
Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
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You must make the argument that you either did not commit the acts alleged or that the acts alleged do not constitute domestic abuse as defined under the statute. These are issues of evidence and if it comes down to it, the credibility of both you and your daughter's mother. You are entitled to a hearing at which you can put on your case to convince the judge that an OFP should not be issued.
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A fifth degree assault can be very serious. It requires that you acted with an intent to harm someone or that the other person was in reasonable apprehension of physical harm from an act.
A fifth degree assault is a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine. However, the collateral consequences of a conviction are extremely significant and, arguably, more severe than the criminal penalties themselves. As a result, it is extremely important to protect your public and criminal record.
First, if convicted of a fifth degree assault or any assault offense, employers who require a background check will not hire you. That is particularly true if you work closely with customers or in some other service oriented profession.
Second, many landlords now perform background checks for applicants and, if you decide to rent, you may be denied an apartment with a crime of violence such as an assault on your record.
Third, a conviction for assault may result in licensing problems for certain occupations or interfere with acceptance into some schools of higher learning.
Finally, it is also compelling that a non-citizen may suffer deportation and, even a citizen would lose their right to possess a weapon ,even for hunting purposes, after a conviction.
Often, the best defense is a good offense. In most instances, an argument for self defense may be made and Motions should be served to acquire all statements and medical records from the prosecution. Often, with skilled legal representation jail time and convictions can be avoided.
You must retain experienced counsel. Review the credentials of attorneys on this site for the years of experience and recommendations before sitting down to discuss your case.
CALL 612-240-8005 for a Consultation.
Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement with this office. Any response to email inquiries should be considered general in nature and should not be relied upon as legal advice. You should always consult a lawyer in your state regarding your specific legal matter. Visit online at http://www.minnesotaLawyers.com
Hello. I urge you to have attorney assistance in proving that the claims are 'bougas'. Any Minnesota licensed attorney may assist you in the event you reside in a remote area. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
Twin Cities - St. Cloud,, Minnesota licensed attorney, Tricia Dwyer, Esq.: Phone 612-296-9666. DOMESTIC VIOLENCE Law, FAMILY Law, CRIMINAL Law, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 - EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net