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Accomplished Domestic Assault Lawyers in Minneapolis, Minnesota

50+

Years Of Collective Experience

10,000

Cases Successfully Resolved

100%

Criminal & DWI Defense

175+

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Four Minneapolis Domestic Assault Attorneys, One Powerful Law Firm

Attorney Kyle Dreger

Kyle Dreger

Attorney Gerald Miller

Gerald Miller

How Can Our Domestic Assault Attorneys in Minneapolis Help You?

Protected Relationships

Prohibited Conduct

Restraining Orders

Using Domestic Assault Convictions in Family Court

According to one estimate, one in four women are the victim of relationship violence at some point during their lives. Even if that statistic is inflated, there is no doubt that domestic violence is one of society’s most serious problems. In addition to violence, these incidents usually involve betrayal and abuse of power. Many people consider these things just as bad, or even worse, than the abuse itself.

A cornerstone of criminal defense is that there are almost always two sides to the story. That principle is very important to us at Gerald Miller, P.A. If you face domestic assault charges, we offer a vigorous defense. If you need protection, we offer assistance in this area as well. Our team does not take sides. Our team stands up for individual rights.

Protected Relationships

Any experienced Minneapolis Domestic Assault Violence lawyer will confirm that almost all domestic assault cases involve husbands and wives. And, in most of these cases, the alleged abuser is the husband and the alleged victim is the wife. Common law marriages are not legal in Minnesota. Therefore, these relationships always involve two people who are legally married.

Dating violence is a distant second. Frequently, these alleged victims only file charges in extreme cases. The law protects these relationships, but a situation like “dating partners” is rather hard to define. The couple need not be engaged, but one or two dates usually does not constitute a relationship.

Relationships created by blood or marriage are also protected. That includes two people who had a child together. These incidents are rather rare because although these relationships are often contentious and
abusive, extreme violence is rather uncommon.

Prohibited Conduct Defense

The domestic violence law does not just prohibit physical violence. It applies to all of the following:

  • Physical Harm: Technically, physical injury is not a requirement. However, unless the alleged victim sustained a noticeable injury, it’s hard to prove that an assault occurred. It’s even harder to prove the assault
    was intentional and not accidental.
  • Imminent Fear of Physical Harm: A verbal threat might not be sufficient. Additionally, the threat must be credible. If the alleged abuser does not own a gun, threatening to shoot the alleged victim is not an imminent
    threat of physical harm.
  • Terroristic Threat: This category covers a wide range of behavior, such as criminal sexual conduct, direct interference with an emergency call, and false imprisonment (e.g. blocking someone’s path or confiscating
    someone’s car keys).

As mentioned, prosecutors must not only prove the conduct. They must prove the conduct was intentional (which is not the same thing as malicious). And, they must prove these things beyond a reasonable doubt. When hiring an attorney, remember that the defenses provided by a Minneapolis Domestic Assault Violence lawyer may be different from those provided by a Minneapolis Assault lawyer. Pick wisely!

Restraining Order Defense

Most police officers are legally required to inform alleged victims of their right to a restraining order. This additional step does more than offer more protection. It undercuts a common defense, which is the alleged victim fabricated the assault to cause problems for the alleged abuser.

Restraining orders are not just pieces of paper. They impose additional restrictions and additional penalties. Most restraining orders include provisions for financial support payment and/or surrender of firearms. Additionally, violating a restraining order is a very serious offense.

Finally, restraining orders allow alleged victims to put third parties, like daycares and schools, on notice about the issues.

Using Domestic Assault Convictions in Family Court

Domestic assault convictions have no lookback period or statute of limitations. Theoretically, any conviction could adversely affect any future family law matter, especially a child custody dispute. The conviction is especially relevant if the child the subject of the suit witnessed the assault or was the victim.

Frequently Asked Questions

In this context, domestic violence is either physical violence or the imminent, credible threat of physical violence. Emotional and other non-physical violence could be the subject of a restraining order, which is a related procedure.

Simple domestic violence is usually a misdemeanor. Extreme domestic violence, such as criminal sexual conduct or violence which results in serious bodily harm, is usually a felony. Minnesota lawmakers recently eliminated the marital CSC immunity provision.

You just asked a mouthful. In most cases, alcohol is one of the most prominent contributing factors. Domestic abuse usually involves underlying emotional issues as well, such as abuse of power and betrayal of trust.

Technically, alleged victims are witnesses in these criminal cases. Witnesses can ask prosecutors to drop charges, but only prosecutors have the authority to do so. In fact, if any witness, including an alleged victim, refuses to cooperate, the state could issue a subpoena.

Most domestic assault cases, including violation of a protective order, are misdemeanors (up to six months in jail) or gross misdemeanors (up to a year in jail). Many other domestic assault cases are felonies, and some are very serious felonies.

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See What Our Clients Say

ANT ROB4
ANT ROB4
Attorney Miller is Great although his firm didn't handle my kind case he advised me on a few things then help find a good conciliation attorney I appreciate you Thanks again! The Boss
Yer Thao
Yer Thao
I was having a hard time choosing which law firm to pick to represent me in mu DWI case. This was my first DWI and had no idea what to do. I was scared and stressed. I talk to a few other lawyer before I settle with Gerald Miller P.A and they did not make me feel like I was in the right place. After searching for a while. I came upon Gerald Miller P.A and they had great reviews. Gerald made time to meet with me on a weekend. I am so glad that I went to meet him. He made me feel like he care and he truly knowledgeable. He was the person I met in the beginning, but another associate represent me. Although Gerald wasn't there is person and I know their whole team work together on my case. Kyle is a great lawyer and always there when I have questions. He always up front with me and keep me in the loop. I really appreciate everything that did for me. I am truly blessed that Kyle gotten my case down to reckless driving. I am truly grateful. Thank you for doing such an amazing job!
Nabila Mahamed
Nabila Mahamed
I recently had the pleasure of working with Gerald Miller, and I can't recommend him highly enough. From our first interaction, Gerald demonstrated a remarkable commitment to my needs as a client. He took the time to understand my case and went above and beyond to ensure that every detail was addressed. If you're looking for someone who genuinely cares about their clients and delivers exceptional results, look no further than Gerald Miller.
P Z
P Z
Bill Bailey handled my case quite and cool!I would recommend this law firm anytime!
mohamed dahir
mohamed dahir
I had an exceptional experience with Gerald Miller as my attorney. From our first meeting, his expertise and professionalism stood out. He took the time to thoroughly explain the legal process and answered all my questions, making me feel informed and confident. His attention to detail and dedication to my case were evident throughout. I truly appreciate his proactive approach and commitment to achieving the best possible outcome. I highly recommend Gerald Miller to anyone seeking knowledgeable and trustworthy legal representation.
JRo Flo
JRo Flo
Kyle and his team are absolutely amazing! Any needs you may be having, reach out. They will not disappoint. Trust the ratings!

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Keeping You Informed

Latest Blog Posts

Is Domestic Violence a Felony in Minneapolis, MN?

Author: William Bailey

Yes, domestic violence can be charged as a felony in Minnesota if certain aggravating factor

READ MORE >

How to Beat a Domestic Violence Charge in Minneapolis

Author: William Bailey

Few criminal offenses stir the emotions more than allegations of domestic violence. For better or fo

READ MORE >

What Does Domestic Violence Mean in Minnesota?

Author: Kyle Dreger

Domestic violence (or domestic assault) is a criminal act that occurs between family members, spouse

READ MORE >

 

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