MN criminal procedure, contesting a restraining order

Thomas C Gallagher 5 stars 3 reviews Rating: 10 Criminal Defense Attorney in Minneapolis, MN Reveal number tel: (612) 712-5421 Private message Call Message Profile Posted on Nov 21, 2008 The best thing you could do, is retain a good lawyer to help you. Generally you do not need to disclose evidence you intend to use at the hearing, before the first court date. Due to the short timelines, this would be difficult to do anyway. Often the parties will disclose evidence to each other at the courthouse, and will be encouraged or ordered to do so by the court. While the burden of proof in a civil case for either an Order for Protection (OFP) or a Harassment Restraining Order (HRO) case in Minnesota is on the Petitioner, there is no jury, and judges may decide which version they believe more and go with that. One way this is important, is when the Petitioner fails to appear or fails to present evidence on every legal element required to support an OFP or HRO. In that instance, the Respondent's lawyer can point that out to the court, which should then rule in Respondents favor. Once the Petitioner makes a "prima facie case" (an inital showing of evidence), then the Respondent may wish to rebut it with other evidence. FFI: http://www.liberty-lawyer.com/domesticcrimecharges.html or call me. More 0 found this answer helpful found this helpful | 1 lawyer agrees Undo Vote Helpful Undo Unhelpful Undo 0 comments