What to do if I have an OFP against my ex-husband for myself and kids and he violated it?

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What to do if I have an OFP against my ex-husband for myself and kids and he violated it?

He is not to contact any of us in any way except on Thursday night to call my son’s phone and every other weekend in person. Tonight he showed up at my church knowing my daughter and I would be there at the same time. How do I handle this?

Asked on January 24, 2013 under Family Law, Minnesota

Answers:

Matthew Majeski / Majeski Law, LLC

Answered 8 years ago | Contributor

You contact the police and make a report of the incident.  Violation of an OFP is a criminal offense.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. First, in the event that anyone is in imminent danger of physical harm, then ‘911’ should be dialed immediately. Regarding the situation you described, I myself would want to view the wording of the Order for Protection  (‘OFP’) to know exactly what orders have been made by the issuing Court and how those orders apply to the incident you described.  In certain circumstances it may be advisable for the existing OFP to be modified.  Sometimes the parties may agree (‘stipulate’) to certain changes to the OFP, and, regardless of agreement or no agreement, the judge (or referee) shall be the decider as to issuing a modified OFP.  In certain circumstances a violation of the existing OFP may seem obvious (according to the clear wording of the OFP), in which case the appropriate action would be immediately to notify the appropriate law enforcement agency (police, sheriff), and, possibly to consider seeking a strengthening of the existing OFP.  I certainly do recommend that you confer privately with an attorney about your family circumstances and worries and concerns, because the fact that your family needs an OFP indicates a very serious situation. By definition, an OFP is issued based on allegations of domestic abuse. I recommend that you phone several attorneys in choosing an attorney to provide you with private legal advice and counsel, because it is crucial that you feel a sense of great safety and trust with the attorney assisting you. You may want to choose an attorney who will be available to you every day of the week, in the event that your situation 'feels' or otherwise seems dangerous. I also certainly recommend that a person worried about domestic violence or abuse allegations or worried about the possible issuance of an OFP, or who has been served with an ‘Ex Parte’ OFP or against whom an OFP has otherwise been issued, seek legal advice and counsel of a private attorney.  In family law matters, occasionally issues of (allegedly) entirely false accusations and charges are involved. Although the OFP itself is a ‘civil’ matter, criminal repercussions may result from violation of the OFP.  The best to you and your family.


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