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Diligent Minnesota

Domestic Assault Violence Lawyers In Minneapolis

Working hard to get the results you need

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50+

Years Of Collective Experience

10,000

Cases Successfully Resolved

100%

Criminal & DWI Defense

103

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Current/Past Awards & Associations

Meet Our Minneapolis Domestic Assault Violence Lawyers

Three Attorneys, One Powerful Law Firm

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Attorney Kyle Dreger

Kyle Dreger

Minneapolis Domestic Assault Violence Lawyer

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Attorney Gerald Miller

Gerald Miller

Minneapolis Domestic Assault Violence Lawyer

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Attorney Cody Wright

Cody Wright

Minneapolis Domestic Assault Violence Lawyer

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Ronnie Santana

Ronnie Santana

Minneapolis Domestic Assault Violence Lawyer

Why Trust Gerald Miller Law Firm

Because

  • We offer you a FREE no obligation initial consultation.
  • We only practice criminal defense law. We don’t split our time working on other areas of law so that we can provide intense focus to your criminal case.
  • Our team is available to you 24/7/365. Our resources are deep and strong. We collaborate and continually draw from each other’s experience to devise the best strategy and defense for you.
  • Our seasoned team of Minneapolis assault lawyers, Minneapolis sex crimes lawyers, Minneapolis drug crimes lawyers, Minneapolis fraud lawyers, Minneapolis DWI lawyers and much more will fight hard for you and be by your side every step of the way.
  • We have decades of criminal courtroom experience and an in-depth knowledge of the legal system and Minnesota criminal law. This experience has taught us sophisticated and highly skilled courtroom tactics, as well as adept trial and negotiating skills.
  • We understand that each case and client is uniquely different. People hire us because of our knowledge of the system, and realize that it is our job to help a client navigate a difficult process. As we are preparing a case, we know what to look for in the evidence, but also realize that it is critical to listen to our clients needs. Then, only after we know our client, we can tailor make a defense unique to your case depending on the goals we have set out.
  • We will always treat you with compassion and respect. As our former clients will tell you, we are very quick and prompt in answering any questions, and will keep you informed about every step in the process. We have an appreciation for how stressful criminal charges can be, and that is why we take it very seriously to provide a calming, and honest, reassurance throughout. We consider the “service” side of our job to be as serious as anything else we do because being trusted to be someone’s attorney is a privilege.

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    How Minneapolis Domestic Assault Violence Attorneys Can Serve 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.

    Domestic Assault Violence Charges in Minneapolis

    As experienced Minneapolis assault lawyers, we know that Section 609.224 criminalizes common-law assault, which is threatening someone, and common-law battery, which is hitting someone.

    Ask any Minneapolis assault lawyer and they will tell you that in terms of injury-related assault, Minnesota law is assault, Minnesota law is a bit unusual.

    A good Minneapolis assault lawyer will understand that domestic violence is broadly defined in Minnesota.

    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

    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 Orders

    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.

    Relevancy issues sometimes arise. If Joe was convicted of domestic violence in 2005, that conviction might not carry much weight in a 2025 divorce. A lawyer might even be able to exclude it. If Joe files a divorce modification action in 2027, his prior conviction is legally inadmissible. The court can only consider facts which occurred between 2025 and 2027.

    Domestic Assault Violence FAQs

    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.

    How We Make A Difference For You

    See What Our Clients Say

    Kevin and Marj Gray Templeton
    Kevin and Marj Gray Templeton
    00:07 06 Mar 21
    We called Gerald Miller Law office for help regarding a DUI. We were frantic about what was going to happen! Our initial call was with Gerald who calmed us down and was helpful with what had to be done, and what did NOT have to be done until we heard from the court. His information was a big relief. Cody, with the firm, then contacted us, and took us step by step all the way to the end. His confidence and knowledge really took alot of stress off of us. His experience got us an outcome we were happy with!
    Roy Hitchcock
    Roy Hitchcock
    20:51 04 Mar 21
    Roy HGerald has helped me on 2 different occasions.First, Gerald is a highly skilled lawyer. His knowledge and experience in the law and courtroom are truly second to none. His advice is well thought out and his decisions are rock solid. I felt great comfort and total confidence in everything he did. His presence in the courtroom is awesome. It’s very apparent from his interaction with judges, prosecutors and other lawyers that he is highly connected and respected.Second, he is a tireless worker and seems to have endless energy. He is beyond tenacious and simply won’t give up. At times even I thought that we should perhaps back off and settle for less but he assured me that we needed to press on. Clearly this was not in his best interest because it just meant more time and effort on his part. It was apparent that it was my best interest and not his best interest that concerned him. By the way in the end he was right and we prevailed.Third, he truly cares deeply about his clients. He quickly returned all of my phone calls and would meet with me whenever I requested. Even if it was at night or on the weekend. He was honest and professional but even more than that. He cared. He always remained positive and gave me the peace of mind I needed. I didn’t feel like a client, I felt like I was his family and the most important client he had.Gerald thank you seems so inadequate in expressing my deep gratitude for everything that you have done for me. You are truly one of a kind.
    Greg Skoviak
    Greg Skoviak
    16:11 04 Mar 21
    Provided professional direction, management and advice at every level throughout my ordeal. I can highly recommend their services.
    Rachel Meskill
    Rachel Meskill
    16:00 20 Feb 21
    Diane London
    Diane London
    20:01 12 Feb 21
    A Rush
    A Rush
    18:51 10 Feb 21
    Highly recommend this firm, Cody was very proactive with my case.

    See More Testimonials

    Keeping You Informed

    Latest Blog Posts

    What is Domestic Violence in Minneapolis, Minnesota?

    Author: Gerald Miller

    Domestic violence is any intentional physical or emotional assault perpetrated by a person against t

    READ MORE >

    What is Domestic Violence?

    Author: Gerald Miller

    Domestic violence is not a single named crime. Rather, it is a designation that is attached to a ser

    READ MORE >

    What Is Domestic Assault?

    Author: Kyle Dreger

    Domestic assault in Minnesota is an assault charge that falls under the larger umbrella of domestic

    READ MORE >

     

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