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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

    Nicholas Montalvo
    Nicholas Montalvo
    23:05 11 Sep 21
    They made a bad experience really not feel too bad. decent price and very helpful with everything
    B
    B
    17:25 09 Sep 21
    Daniel Vail
    Daniel Vail
    16:42 03 Sep 21
    I contacted this law firm to see if they’d be willing to take on my case. Kyle took a look at the facts and informed me about the challenges my case presents- an honest lawyer. Kyle is extremely detailed oriented and put together a solid case, in which we won. Kyle is extremely responsive and a knowledgeable attorney. I recommend this law office.
    Eder Perez
    Eder Perez
    18:56 24 Aug 21
    Felt well represented by Ronnie Santana enjoyed his work!
    youn1125 University of Minnesota
    youn1125 University of Minnesota
    20:56 20 Aug 21
    Kyle Dregger and the Gerald Miller team did an amazing job helping me with my DUI. Kyle was always available to answer my questions and he made the experience much less stressful to navigate. I am so grateful for all the help and effort that Kyle and the Gerald Miller team put into my case to get me the best outcome possible.
    Nick Morrison
    Nick Morrison
    00:14 13 Aug 21
    I found the firm to have excellent customer service and to be knowledgeable in about every phase. Ronnie Santana took on my case and led me thru every step of the process. He made the process very simple and stress free for me thru his consistent communication, and his network in the legal system. Would highly recommend

    See More Testimonials

    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

    READ MORE >

     

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