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Violation of an OFP question

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  • Violation of an OFP question

    Ok, so apparently as I get older my legal research skills are diminishing. Anyone out there know how long a peace officer has after a person violates an order for protection to make an arrest for the violation? I’m looking for the time frame as well as the statute. 518.B.01s4 I know deals with the definitions of OFP’s and that 629.34 deals with warrantless arrests, but I can’t seem to find how long an officer has to arrest someone after the violation of an OFP occurs.
    "In Valor There Is Hope" - Tacitus

    "We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm" - George Orwell

  • #2
    Just looked through my skills/school notes and I found a spot that I jotted the notes: No time limit for OFP/Harassment Order violation arrests. That might be why you can't find anything.

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    • #3
      I thought it was 24-hours, like 5th degree domestic.

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      • #4
        I think SW_MN is right.
        The opinions given in my signatures & threads DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "WCSO" on Officer.com.

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        • #5
          there is no time limit as long as you have probable cause.

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          • #6
            Originally posted by Topace44 View Post
            Ok, so apparently as I get older my legal research skills are diminishing. Anyone out there know how long a peace officer has after a person violates an order for protection to make an arrest for the violation? I’m looking for the time frame as well as the statute. 518.B.01s4 I know deals with the definitions of OFP’s and that 629.34 deals with warrantless arrests, but I can’t seem to find how long an officer has to arrest someone after the violation of an OFP occurs.
            There is no time limit to make an arrest for a violation of an OFP/no contact/harassment order, as long as you have PC that the violation occurred.

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            • #7
              Originally posted by MNsquad View Post
              I thought it was 24-hours, like 5th degree domestic.
              It's 12 hours for domestic...

              Yeah I'm not sure there's a timeframe for ofp/ro violations, but at some point you'd want to submit charges and just get a warrant issued.
              It's better to be tried by twelve than carried by six...

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              • #8
                It was a recent change, but it is 24 hours for domestics now.

                629.341 ALLOWING PROBABLE CAUSE ARRESTS FOR DOMESTIC VIOLENCE; IMMUNITY FROM LIABILITY.
                Subdivision 1.Arrest.

                Notwithstanding section 629.34 or any other law or rule, a peace officer may arrest a person anywhere without a warrant, including at the person's residence, if the peace officer has probable cause to believe that within the preceding 24 hours the person has committed domestic abuse, as defined in section 518B.01, subdivision 2. The arrest may be made even though the assault did not take place in the presence of the peace officer.

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                • #9
                  Originally posted by Caradoc View Post
                  It was a recent change, but it is 24 hours for domestics now.

                  629.341 ALLOWING PROBABLE CAUSE ARRESTS FOR DOMESTIC VIOLENCE; IMMUNITY FROM LIABILITY.
                  Subdivision 1.Arrest.

                  Notwithstanding section 629.34 or any other law or rule, a peace officer may arrest a person anywhere without a warrant, including at the person's residence, if the peace officer has probable cause to believe that within the preceding 24 hours the person has committed domestic abuse, as defined in section 518B.01, subdivision 2. The arrest may be made even though the assault did not take place in the presence of the peace officer.
                  when did they do that?

                  That's weird...we just discussed this during briefing the other day and nobody mentioned it...
                  Last edited by Ten10; 05-27-2010, 03:57 PM.
                  It's better to be tried by twelve than carried by six...

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                  • #10
                    It changed last summer to 24 hours. Probable cause is probable cause and lasts forever unless your facts change. Same for DANCOs.

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                    • #11
                      .

                      It is also contempt of court.



                      (f) A violation of a temporary restraining order or restraining order shall also constitute contempt of court.

                      https://www.revisor.mn.gov/statutes/?id=609.748

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