CASE LAW UPDATE: Whether positive contact is still a violation of an order for protection?
Defendant pleaded guilty to violation of an order for protection (OFP). Later, defendant brought a petition for post conviction relief to withdraw his guilty plea. The trial court denied his petition. Defendant appealed. On appeal, defendant argued that his guilty plea was inaccurate. The Minnesota Court of Appeals held that because defendant admitted that he told his children to wish their mother, the OFP petitioner, Happy Mother’s Day, and such 3rd party contact is a violation of the OFP, the guilty plea was accurate.
Post v. State, A20-0998, Hubbard County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.