Tag Archives: OFP

OFP ADVISORY TO RESPONDENTS – ANOTHER URBAN MYTH (14-13)

domestic.violenceQUESTION: It is a well-known legal axiom that an out-of-court statement made by a party-opponent is admissible against that party as non-hearsay in any subsequent legal proceeding. Mn Rule Evid 801D(2). During a contested OFP hearing, if the respondent chooses to testify despite the fact he has a pending domestic assault charge, should the judge, and/or respondent’s attorney, advise respondent that his testimony could be used against him in his subsequent criminal trial?

ANSWER: NODespite the above noted legal axiom, a respondent’s OFP testimony CANNOT be used against him in his subsequent criminal trial. Minnesota law clearly states: “Any testimony offered by a respondent in a hearing pursuant to this section (Domestic Abuse Act) is inadmissible in a criminal proceeding.” MS 518B.01, subd 15.

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PendletonUpdate14-13

OFP & HRO HEARINGS – DUE PROCESS VIOLATION = REVERSAL (14-04)

CAUTION: In the past 12 months the Court of Appeals has REVERSED the issuance of two separate Harassment Restraining Orders (HRO) based on Due Process violation(s). Namely, failure to provide respondent the opportunity to: (1) cross- examine the petitioner or the petitioner’s witnesses; and/or (2) the right to present witnesses on respondent’s behalf, or in the alternative, to make an offer of proof regarding the testimony of witnesses.

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Pendleton Update 14-4