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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

Attorney Cody Wright

Cody Wright

Ronnie Santana

Ronnie Santana

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

Eric Ziegler
Eric Ziegler
20:44 08 Jul 22
Walked me through the entire process for my DUI. Know their stuff. I made a mistake and they knew that and treated me like a person, not just a case. Made a few great calls in navigating the case and we ended up with the best case scenario. Could not recommend anyone higher!
Bee Way
Bee Way
07:35 26 Jun 22
Matthew Gweh
Matthew Gweh
22:04 17 Jun 22
Kyle has earned a special place in my heart. Couldn’t thank him enough for his service to me. If you are reading this, it means I was similar position as you. Do not hesitate to hire Gerald Miller’s Law. You’ll be in the right hand.
Jim Greenwood
Jim Greenwood
20:38 25 May 22
Rolled a red light after Happy hour and got pulled over. Refused field test and went to police station and called Gerald Miller P.A. They answered immediately and advised me to take the breath test. Tried breath test several times but they were having problems with their machine. After several more tries they said I burped and they consider this a refusal. They drove me downtown to Henn County Jail. Spent less that a full day there until I was offered bond which Jerry set up. Needless to say , I was expecting 30 days jail time and who knows what else. After Kyle and Gerald finished negotiating with Prosecutor, I was fined $1500 and 10 days community service. I had 7 charges and was dropped to 2 charges. I highly recommend keeping their number in case a friend or God forbid you need help! JG
William Hennes
William Hennes
16:54 11 May 22
Kyle and GM overall are excellent. Highly recommended.
aaron p
aaron p
16:19 02 May 22
Ronnie took care of everything which took a lot of extra stuff off my mind, available 24/7, got it sorted before I needed to even go to pretrial or anything, met with me beforehand to discuss options and what was smart but let me decide ultimately. Got my license temporarily reinstated before the trial began which was huge, I needed my car during that time. Had no bad experiences at all, completely worth it in my opinion.

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Keeping You Informed

Latest Blog Posts

How to Beat a Domestic Violence Charge in Minneapolis

Author: Cody Wright

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

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Is Domestic Violence a Felony in Minneapolis, MN?

Author: Cody Wright

Domestic violence is a serious criminal offense that can carry steep penalties in the State of Minne

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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

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