Minnesota Statutes 260C.405 – Violation of an Order for Protection
Subdivision 1.Violation; penalty.
Whenever an order for protection is granted pursuant to section 260C.148 or 260C.201, subdivision 3, restraining the person or excluding the person from the residence, and the respondent or person to be restrained knows of the order, violation of the order for protection is a misdemeanor.
Subd. 2.Arrest.
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:
Class Prison Fine Misdemeanor up to 90 days up to $1,000
For details, see § 609.02
Terms Used In Minnesota Statutes 260C.405
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means the responsible social services agency or a licensed child-placing agency. See Minnesota Statutes 260C.007
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means an individual under 18 years of age. See Minnesota Statutes 260C.007
- Court: means juvenile court unless otherwise specified in this section. See Minnesota Statutes 260C.007
- Person: includes any individual, association, corporation, partnership, and the state or any of its political subdivisions, departments, or agencies. See Minnesota Statutes 260C.007
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor | up to 90 days | up to $1,000 |
Terms Used In Minnesota Statutes 260C.405
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agency: means the responsible social services agency or a licensed child-placing agency. See Minnesota Statutes 260C.007
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means an individual under 18 years of age. See Minnesota Statutes 260C.007
- Court: means juvenile court unless otherwise specified in this section. See Minnesota Statutes 260C.007
- Person: includes any individual, association, corporation, partnership, and the state or any of its political subdivisions, departments, or agencies. See Minnesota Statutes 260C.007
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- verified: when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order granted pursuant to section 260C.148 or 260C.201, subdivision 3, restraining the person or excluding the person from the residence, if the existence of the order can be verified by the officer.
Subd. 3.Contempt.
A violation of an order for protection shall also constitute contempt of court and the person violating the order shall be subject to the penalties for contempt.
Subd. 4.Order to show cause.
Upon the filing of an affidavit by the agency or any peace officer, alleging that the respondent has violated an order for protection granted pursuant to section 260C.148 or 260C.201, subdivision 3, the court may issue an order to the respondent, requiring the respondent to appear and show cause within 14 days why the respondent should not be found in contempt of court. The hearing may be held by the court in any county in which the child or respondent temporarily or permanently resides at the time of the alleged violation.
A peace officer is not liable under section 609.43, clause (1), for failure to perform a duty required by subdivision 2.