What is an Order for Protection? Why is it important to challenge?
St. Paul, MN criminal defense attorney Deborah Ellis talks about an Order for Protection.
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Phone: (651) 288-3554
Orders for protection are usually domestic related and there’s also harassment restraining orders, which are a little different but orders for protection are orders that someone can seek because they have been threatened, harmed or their children have been threatened or harmed. And an individual can go and get an ex parte or a temporary order kind of by just filling out a form and they have a help desk and they’ll help them kind of put in the right things to get the temporary order. And then if you don’t want that there you need to challenge it and there’s a whole court hearing. If the order is in place it’s in place for two years and the person who has the order in their favor then has a lot of power to then bring to the attention of some prosecutor oh, he showed up over at my house and the order says he can’t show up. Or I think you drove by my house and so if you don’t challenge it, whatever’s been asked for in that temporary will turn into a permanent order for protection for two years. It can affect someone’s right to possess or carry a gun as well.