Victim Rights

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If you have been a victim of a crime or witnessed a crime in progress, call 911.

If you have been a victim of a crime that does not require an emergency response, or if you desire to file a report of a crime call the Lyon County Sheriff's Office at (507) 537-7666 - 24 hours a day.

Crime Victims Rights

As a crime victim, you are afforded rights under MN Statute 611A.015.

You have the right to apply for financial help for losses resulting from a violent crime. This assistance does not cover property losses. For application and information call (612)282-6256 or outside the Twin City area call 1 (800) 247-0390 or TDD 1 (612)282-6555.
Under certain circumstances you have the right to request that the Lyon County Sheriff's Office withhold public access to data revealing your identity. MN Statute: 13.82 Subd. 17.
You have the right, if an offender is charged, to be informed of and participate in the prosecution process, including the right to request restitution (money court ordered from the offender and paid to the victim).
If you feel your rights as a victim have been violated, you can contact the MN Crime Victims Ombudsman's Office at 1 (612)282-6258 or 1 (800) 247-0390 or TDD 1 (612) 282-6555.

Domestic Assault Victim Rights

You can ask the county or city attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an Order for Protection from domestic abuse. The order may include the following:

An order restraining the abuser from further acts of abuse.
An order directing the abuser to leave your household.
An order preventing the abuser from entering your home (or reasonable area around your home), school, business, or place of employment.
An order awarding you or the other parent custody of / or visitation of your minor children.
An order directing the abuser to pay support to you and the minor if the abuser has a court order indicating such.

You also have the right to notification if prosecution of the case is declined or criminal charges are dismissed.

You may call "Women's Rural Advocacy Programs (WRAP)" Crisis Line: (507) 532-2350 or 1 (800) 639-2350 for assistance in getting your Order for Protection.

Local Advocacy Programs

New Horizons Crisis Center
The mission of New Horizons Crisis Center includes but is not limited to, providing services and support for crime victims, advocacy for families, and educational programs in Lincoln, Lyon, Murray, and Redwood Counties.

Women's Rural Advocacy Programs (WRAP)
Is a cooperative of Domestic Violence Community Advocacy programs serving southwestern Minnesota. One of the services they offer to battered women is providing information - about their situation, their options, and their rights.

Safe At Home Address Confidentiality Program
Safe at Home is a program offered by the Secretary of State’s office in collaboration with local victim service providers. This program became effective September 1, 2007 and is designed to help survivors of domestic violence, sexual assault, stalking, or others who fear for their safety establish a confidential address.

The intent of Safe at Home is to allow its participants to go about their lives, interacting with public and private entities, without leaving traces of where they really live in an attempt to keep their abuser from locating them. Safe at Home provides a mail forwarding service. Participants use an address that Safe at Home assigns them and their correspondence is forwarded to their actual mailing address, which is not disclosed. Safe at Home also accepts service of process on the participant’s behalf.

Safe At Home Brochure

Extreme Risk Protection Orders

(General Information about the Extreme Risk Protection Process)
Petition for Extreme Risk Protection Order Form (ERP102)
What is an ERPO? An Extreme Risk Protection Order, or “ERPO,” is a court order stating that someone cannot have or buy firearms. You can use the Petition for Extreme Risk Protection Order (ERP102) to ask the court for an ERPO. Courts will only issue an ERPO if someone poses a significant danger of bodily harm to others and/or is at significant risk of suicide if they have a firearm.
An ERPO petition does not ask the Court to order someone to stop contacting you. There is a separate court process if you want the court to order someone to stop contacting you. Information is available online at www.mncourts.gov/help-topics.aspx under “Domestic Abuse & Harassment.” If you feel endangered or want protection against someone you can also call the Domestic Violence Crisis Line at (866) 223-1111 for more information about an Order for Protection or Harassment Restraining Order.
Who can apply for an ERPO? The person applying for an ERPO is the Petitioner. The person you are asking the court to order not to have or buy firearms is the Respondent. Only certain people are legally allowed to be Petitioners in ERPO cases.
To apply for an ERPO, you must be a:
Chief Law Enforcement Officer/Agency;
City or County Attorney;
Guardian of the Respondent, as defined by Minn. Stat. § 524.1-201 ; or
Family/Household member of the Respondent defined as: o Spouse o Former Spouse o Parent/Child
Anyone currently living with the Respondent, or
A person involved in a significant romantic or sexual relationship with the Respondent.
Where to apply for an ERPO? Petitions may be filed in the county where Respondent lives. If you don’t live or work in the county where Respondent lives, you may ask to appear virtually in the Petition. If the judicial officer denies your request to appear virtually, you may re-file the Petition in the county where you live or work.
How long does an ERPO last? An Emergency ERPO lasts for up to 14 days. An Emergency ERPO can be issued “ex parte,” which means after hearing from only one side. An Emergency ERPO is granted or denied based on documents submitted by the Petitioner, without a hearing.
A long-term ERPO is in effect for at least 6 months and no longer than one year. A long-term ERPO can only be issued after a hearing. The Petitioner can ask for an Emergency ERPO, a long-term ERPO, or both in the Petition.
What happens after filing for an ERPO? If an Emergency ERPO was granted or a hearing is set for a long-term ERPO, Respondent will be served by law enforcement. This can happen by personal service (handing the documents to Respondent), first class mail, or by publication.
If an Emergency ERPO was granted, Respondent has the right to request a hearing challenging the emergency order by filing a Request for Hearing on Emergency ERPO (ERP202).
If a hearing has been scheduled and Respondent receives notice less than 5 days before the hearing, Respondent has the right to request a continuance of up to 14 days by using the Request for Continuance (ERP203).
If a hearing is scheduled, you must attend the hearing. If you do not attend the hearing, the ERPO case may be dismissed and the court might cancel any Emergency ERPO in effect.
For a hearing on a long-term ERPO, the Petitioner (you) must prove by clear and convincing evidence that the Respondent poses a significant danger to other persons or is at significant risk of suicide by possessing a firearm. You may provide documents (exhibits) or testimony. The Court can also consider testimony from officers, or others, who have interacted with the Respondent.
There are Rules of Evidence that say what kind of evidence courts can consider. The Court will not consider evidence that does not meet the requirements in the rules.
You must provide any evidence or information you want the Court to have when deciding whether or not to grant an ERPO. If you think there is someone who has relevant information, you’ll need to have them appear as a witness. Judicial officers are not allowed to independently investigate cases, including looking at outside court records.
Rights of the Respondent:
- Respondent can waive (give up) the right to contest the ERPO and agree to have the ERPO in place.
- If Respondent has not received the Notice of Hearing at least 5 days before the hearing, they can file a Request for Continuance to allow time to prepare, talk with an attorney, etc. If an Emergency ERPO is currently in place, an Order for Continuance might continue the Emergency ERPO until the new hearing date.
If you are not sure what to say in court, it is a good idea to talk to an attorney before the hearing. For more information about going to court, visit the “Going to Court” Help Topic at https://mncourts.gov/Help-Topics/Going-to-Court.aspx.