§ 631.02

State of Minnesota v. Don Antoine Jones · 2014 1 citation

Applying the plain meaning of “proceeding,” we conclude that the phrase “[a]ny proceeding under this section” does not refer to a criminal prosecution for an alleged violation of Minn. Stat. § 518B.01, *536 subd. 14. Section 518B.01, subdivision 14, creates a criminal offense. That is a substantive means of redressing a violation of an order for protection, not a procedural means of seeking redress of that offense from a tribunal or agency. The procedural means for seeking redress for a criminal offense, including a violation of an order for protection, is set forth in the Minnesota Rules of Criminal Procedure and several statutes, including Minn. Stat. § 484.87 (2012) (prescribing the pleading, practice, and procedure in criminal proceedings); Minn. Stat., §§ 628.01-.26 (2012) (prescribing the procedural requirements for a criminal indictment); Minn. Stat. §§ 630.12-.37 (2012) (prescribing pretrial procedures in a criminal case); and Minn. Stat. §§ 631.02-.21 (2012) (prescribing trial procedures in a criminal case). Section 518B.01 does not provide the procedural means to criminally prosecute a violation of an order for protection. Rather, section 518B.01, subdivision 4, provides a procedural means to seek an order for protection. By its terms, section 518B.01, subdivision 4, creates “an action known as a petition for an order for protection” and then sets forth the procedure that a private party may use to obtain an order for protection from a district court that has jurisdiction. Accordingly, the phrase “[a]ny proceeding under this section” as used in section 518B.01, subdivision 16, does not refer to a criminal prosecution for violating an order for protection. Rather, that phrase refers to an action to obtain an order for protection from a court that has jurisdiction. Because the phrase “[a]ny proceeding under this section” does not refer to a criminal prosecution for violating an order for protection, we reject the State’s contention that a criminal conviction and sentence for violation of an order for protection are “in addition to other ... criminal remedies” within the meaning of section 518B.01, subdivision 16.

State of Minnesota v. Douglas John Olson · 2015 1 citation

+ 1 more citation in this opinion.