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Domestic Assault Violence Lawyers In Minneapolis

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Meet Our Minneapolis Domestic Assault Violence Lawyers

Three Attorneys, One Powerful Law Firm

Kyle Dreger

Minneapolis Domestic Assault Violence Lawyer

Gerald Miller

Minneapolis Domestic Assault Violence Lawyer

Cody Wright

Minneapolis Domestic Assault Violence Lawyer

Why Trust Gerald Miller Law Firm

Why Trust Gerald Miller Law Firm

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Because

  • We offer you a FREE, no obligation initial consultation.
  • Our team is available to you 24/7/365. You can contact us at anytime of day or night and we will be there to help you.
  • Not all attorneys are the same.
    • We only practice criminal law. We are able to intensely focus on your criminal case.• We have decades of experience and have represented thousands of clients. We have the knowledge and skill to give you the representation you need in your case. Our seasoned team comprises Minneapolis assault lawyers, fraud lawyers, Minneapolis sex crimes lawyers, and many more. If you have a legal issue, we will resolve it.• We will work passionately and tirelessly on your individual case. We understand that each case is uniquely different and we promise to tailor our approach to your individual needs. So, whether you hire our Minneapolis assault attorney or Minneapolis drug crimes attorney,  We will fight hard for you and be by your side every step of the way.• We understand the severity of a criminal case in your life. We will not only match that level of gravity during your representation, rather we will exceed it.• We promise to treat your personal case with compassion and respect every step of the way. We understand that you may have fears, concerns and questions. We will listen to you and put ourselves in your shoes so that we are able to give you the best and most individualized representation possible.

    • We are a team. Are resources are deep and strong. We collaborate and continually draw from each other’s experience to devise the best strategy and defense for you.

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.

Latest Blog Posts

What is Domestic Violence?

Author: Gerald Miller

Domestic violence is not a single named crime. Rather, it is a designation that is attached to a ser

READ MORE >

What Is Domestic Assault?

Author: Kyle Dreger

Domestic assault in Minnesota is an assault charge that falls under the larger umbrella of domestic

READ MORE >

Is Domestic Violence a Felony in Minnesota?

Author: Cody Wright

Domestic violence is not a single criminal charge. It is a classification that covers assault charge

READ MORE >

 

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