Accomplished Domestic Assault Lawyers in Minneapolis, 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 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.