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Violation of an OFP?

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.

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Attorney answers 3

Best Answer
Posted

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.

Asker

Posted

I was wondering, can my husband and I both consult with one attorney about our case, or would we need different attorneys? My court date has not been set up.

Andrew M. Leone

Andrew M. Leone

Posted

I believe you would need different attorney, as there may be a conflict of interest. Technically, you are the "victim" in his case and he is the "victim" in your case.

Asker

Posted

Okay, Thanks. Do you know of any Pro Bono Juvenile Criminal Defense websites or attorneys I can look up?

Andrew M. Leone

Andrew M. Leone

Posted

You can try contacting the Minnesota Bar Association. They may be able to point you in the right direction. Their website is www.mnbar.org

Posted

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.

Asker

Posted

Are the legal advice free to give?

Posted

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 recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

Asker

Posted

The OFP was not court ordered, instead ordered by both parties. But then we already got it dropped with the "immediate dismissal."