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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+

Five Star Google/BBB Reviews

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.

How We Make A Difference For You

See What Our Clients Say

Igor Kovalchuk
Igor Kovalchuk
Kyle just recently finished my case and i couldn’t be anymore happier. What an amazing experience overall. From picking up my phone call on Christmas Day, and answering all my questions and concerns, to helping me understand the process going forward, and just yesterday he got a verdict I’m an super happy with. I can not even put into words how much I loved working with Kyle. If anyone I know ever needs legal assistance, going forward I will highly recommend this Law-firm and Kyle specifically. Again, thank you Kyle for all your help.
anuta serbinenko
anuta serbinenko
Kyle’s work is amazing, he is true and honest about every detail. He truly is an amazing lawyer! I appreciate his hard work and dedication. Working with Kyle has made a huge impact on my life and future. Open and honest communication and his outstanding service to fight for you is top notch. Once again Kyle you do amazing work, I am grateful.
Carlos Ramirez
Carlos Ramirez
Mr Gerald Miller Attorney ,Has been There in some of my most difficult times since I got out Of the MarinesHe has Guided my Family through some of my errors .He Is Honest in the Expectations of the Cases he Has handled for me and my FamilyAs Always I Recently asked for His Service and once again.His Experience always has a PlanVery Greatful for His ExpertiseI Highly Recomend Him.
Michael Beaver
Michael Beaver
I am seriously so grateful for just a simple 30 minute phone call. mr. miller Is a great guy and he clearly cares for all of his clients. I’m 19 I have never been in serious legal trouble until now and I am dead broke and I simply was just on the phone with him he gave me plenty of advice and really relieved all of my stress. I don’t really ever write Google reviews but this one deserves 10 stars. thank you so much.
Alina Jams
Alina Jams
Great team of lawyers: They were very understanding and considerate of my situation. Gerald asked about my occupation and based the fee on what I could reasonably afford, which showed a level of compassion and thoughtfulness you don’t see often. At court, Annalise was able to have the criminal traffic charge reduced to just a ticket. She also asked the prosecutor to reduce the ticket fee, she took into account that I’m a single mom. I truly appreciate how compassionate and supportive their team is. I would highly recommend this practice to anyone as they were initially recommended to me from a coworker.
Adele Abbot
Adele Abbot

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Keeping You Informed

Latest Blog Posts

What is the Definition of Domestic Violence in Minnesota?

Author: Gerald Miller

Domestic violence laws in Minnesota are designed to protect victims and hold offenders accountable.

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What is the Sentence for Assault in Minnesota?

Author: Brodie Hacken

If you’re asking, What is the sentence for assault? understandi

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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

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