State v. Ness

The district court issued domestic abuse no contact orders pursuant to Minn. Stat. 629.75(1) prohibiting Appellant from contacting his wife. After Appellant allegedly contacted his wife, he was charged with two felony violations. Appellant moved to dismiss the charges, contending that section 629.75(1) violates due process because it fails to provide adequate notice and an opportunity to be heard and encourages arbitrary and discriminatory enforcement. The district court granted Appellant's motions, concluding that the statute provides defendants with no procedural due process and grants judges unfettered discretion in determining whether to issue a domestic abuse no contact order. The court of appeals reversed. The Supreme Court affirmed, holding that, on its face, the statute (1) ensures that a defendant will receive notice of the conditions to be imposed and an opportunity to challenge those conditions in a constitutionally sufficient proceeding before the court imposes a domestic abuse no contact order; and (2) is not unconstitutionally vague because it does not encourage arbitrary and discriminatory enforcement. View "State v. Ness" on Justia Law