Available 24/7/365

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

Tim Stocker
Tim Stocker
12:11 11 Jun 24
Brodie Hacken did a great job for me. Gave me all the scenario's to be able to make a very informed decision as to which way to proceed.
Ryan Kirmeier
Ryan Kirmeier
21:19 04 Jun 24
He gave me great information during a free call and wasn't pushy. This definitely calmed me down and helped me find a clear path forward.
Noah LaLonde
Noah LaLonde
01:46 28 May 24
Kyle Dreger with Gerald Miller is great. He was able to explain everything about my case and give me good peace of mind, and in the end got me the best outcome. If (god forbid) I ever need representation again, I'd definitely choose him again.
Kyle Hawes
Kyle Hawes
00:14 23 May 24
I hired Gerald Miller law to handle a very difficult case they went above and beyond my greatest expectations. Brodie Hacken listened to my concerns always reached out to see how I was doing then we sat down in cities couple times face to face and established a game plan how to proceed and I couldn't be happier with the outcome from this Law Firm. Highly recommended if I had a son or daughter in big trouble id trust my own children with Brodie Hacken do yourself a huge favor dont be cheap you'll pay way more later and probably never regain your Liberties and true freedom back ever again if you don't just call Gerald Miller these guys know how handle felony cases....
Victoria Kameni
Victoria Kameni
13:38 29 Apr 24
Tyler Dahlen at Gerald Miller is amazing. My case took some time and Tyler briefed me every step of the way, called me, kept me from losing my mind and was genuinely supportive. Tyler was able to find a way to present my case which resulted in a much better outcome than if I had taken this journey alone. I recommend Gerald Miller and specifically Tyler to anyone who finds themselves needing these services.
Linda Zieser
Linda Zieser
18:03 24 Apr 24
I highly recommend this law firm. Tyler Dahlen handled my case. he is a true professional. He made sure to explain everything to me and got me the best possible outcome. I can't thank him enough.

See More Testimonials

Keeping You Informed

Latest Blog Posts

How to Beat a Domestic Violence Charge in Minneapolis

Author: William Bailey

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

READ MORE >

Is Domestic Violence a Felony in Minneapolis, MN?

Author: William Bailey

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

READ MORE >

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 >

 

Get A Free Consultation

Acting quickly will minimize the impact. Don’t wait act now!








     
    Table of Contents