Domestic Violence Lawyer in Minneapolis

How can a Minneapolis domestic violence lawyer help after an arrest?

A defense lawyer works on the charge and the orders around it at the same time, including:

• Getting the paperwork. The complaint, release order, any DANCO and any OFP or HRO each set separate rules.
• Addressing release conditions, including asking the court to review them.
• Preserving evidence, such as your own messages, photos, call logs and witness names.
• Testing the case. The elements, the relationship, any claimed prior, self-defense and how evidence was obtained.
• Coordinating the civil order. An OFP hearing can run on a separate track from the criminal case.

See your first court appearance for domestic assault and bail and bond in Minnesota.

What should I do after a domestic assault arrest in Minneapolis?

Follow every release condition and court order from the first hour. Prohibited contact can create a separate charge and put release at risk. Source: Minnesota Statutes 629.75, subdivision 2

• Expect to be booked, not cited at the scene. An officer may not issue a citation in lieu of arrest for domestic abuse and must bring the person to the police station or county jail. Staff there must then release on a citation unless release appears to threaten the alleged victim, a household member or public safety, or risks nonappearance, weighing any domestic violence history. Source: Laws 2026, chapter 97, article 7, section 8
• Know the custody clocks. A person held after a warrantless arrest must be brought before a judge within 36 hours, excluding the arrest day, Sundays and legal holidays, or as soon as a judge is available. Separately, a judge must find probable cause within 48 hours counting every day, or the person is released. Source: Minnesota Rules of Criminal Procedure 4
• Read every order line by line. Release conditions can bar contact by phone, text, social media or a third party, and can bar you from the home. Source: Laws 2026, chapter 97, article 7, section 9
• Do not contact the other person about the case. If an order bars contact, even a friendly message may violate it.
• Do not give a statement without a lawyer. See police interviews and your rights.

Can I be arrested days later?

Yes. Since August 1, 2026, an officer may arrest without a warrant on probable cause that the person committed nonfelony domestic abuse within the preceding 14 days, not counting the day probable cause was established. The window was 72 hours. If no arrest is made, the officer should seek a warrant without undue delay. Source: Laws 2026, chapter 97, article 7, section 6

What counts as domestic assault in Minnesota?

Domestic assault is an act against a family or household member done with intent to cause fear of immediate bodily harm or death, or intentionally inflicting or attempting to inflict bodily harm. Source: Minnesota Statutes 609.2242 The fear prong requires no injury, and “bodily harm” includes physical pain. Source: Minnesota Statutes 609.02

Family or household members include spouses and former spouses, parents and children, blood relatives, people who live or have lived together, people with a child in common, a pregnant woman and the alleged father, and people in a significant romantic or sexual relationship. Source: Minnesota Statutes 518B.01, subdivision 2 The conduct mirrors fifth degree assault; the relationship makes it domestic.

What are the penalties for domestic assault in Minnesota?

The level depends on qualifying prior convictions or delinquency adjudications for a “qualified domestic violence-related offense.” The list includes any degree of assault, strangulation, criminal sexual conduct, terroristic threats, stalking and OFP, HRO and DANCO violations, plus attempts and similar out-of-state laws. A prior need not have involved a family member. Source: Minnesota Statutes 609.02, subdivision 16

Charge	When it applies	Maximum penalty
Misdemeanor domestic assault	No qualifying prior within ten years	90 days and $1,000
Gross misdemeanor domestic assault	Within ten years of one qualifying prior conviction or adjudication	364 days and $3,000
Felony domestic assault	Within ten years of the first of two or more qualifying priors	Five years and $10,000
Domestic assault by strangulation	No prior required	Three years and $5,000

Source: Minnesota Statutes 609.2242 Source: Minnesota Statutes 609.2247 Source: Minnesota Statutes 609.02

A gross misdemeanor carries a 20 day minimum, 96 hours consecutive, which the court may stay on counseling conditions. Source: Minnesota Statutes 609.2243 See domestic assault penalties in Minnesota for the full sentencing picture.

Will I go to jail for a first domestic assault?

Not necessarily. No statute requires jail for a misdemeanor domestic assault. The court can stay the sentence and order probation, which for this offense ordinarily may last up to two years, with the second year unsupervised unless the court finds supervision necessary. Source: Minnesota Statutes 609.135, subdivision 2 A stayed sentence must include a domestic abuse counseling or educational program, Source: Minnesota Statutes 518B.02 and a conviction triggers a presentence domestic abuse investigation. Source: Minnesota Statutes 609.2244

Ordinary stays run up to two years for a gross misdemeanor and five years or the statutory maximum, whichever is less, for a felony, with possible extensions for unpaid restitution or unfinished treatment. Source: Minnesota Statutes 609.135, subdivision 2

What is domestic assault by strangulation?

It is a felony to assault a family or household member by strangulation, meaning intentionally impeding normal breathing or blood circulation by applying pressure on the throat or neck or by blocking the nose or mouth. Source: Minnesota Statutes 609.2247 For offenses on or after August 1, 2026, it ranks at Severity Level 5. Source: Minnesota Sentencing Guidelines 5.A, effective August 1, 2026

The evidence questions are specific: what pressure, for how long, what the medical record shows and whether accounts are consistent. An injury can also support a third degree assault charge. Read more on Minnesota’s felony assault by strangulation.

What is a DANCO and what happens if I violate it?

A domestic abuse no contact order is a criminal court order against the defendant, issued before trial or as a postconviction probation order in a separate proceeding, and independent of any release condition. Source: Minnesota Statutes 629.75, subdivision 1

• Misdemeanor. A person who knows the order exists and violates it.
• Gross misdemeanor. Within ten years of a qualifying prior conviction or adjudication, with ten days that must be served and court-ordered counseling or programming.
• Felony. Within ten years of the first of two or more qualifying priors, or while possessing a dangerous weapon. Up to five years, and a stayed sentence must include at least 30 days of incarceration and counseling or programming.
• Arrest. Officers must arrest on probable cause when they can verify the order exists, and the person is held at least 36 hours, excluding the arrest day, Sundays and holidays, unless a judge or judicial officer releases the person sooner.

Source: Minnesota Statutes 629.75, subdivisions 2 and 3 See what happens if you violate a DANCO.

How can I ask the court to change a DANCO or release condition?

Only the court can change it, through a request your lawyer files, and the court must review release conditions when a party asks. Source: Minnesota Rules of Criminal Procedure 6.02, subdivision 4 Until a judge signs a new order, the existing one binds you. The protected person cannot authorize contact the order prohibits. Housing, belongings and parenting exchanges are handled through counsel, the court and any method the order expressly permits. See our DANCO defense page.

Order	Where it comes from	Who can change it
Release condition	Criminal judge at release	Criminal court
DANCO	Separate criminal proceeding	Criminal court
OFP	Civil petition	Issuing court, after notice and hearing

Each order must be followed on its own terms. Source: Minnesota Statutes 629.75, subdivision 1 Source: Minnesota Statutes 518B.01, subdivision 11

How does an order for protection affect my case?

An OFP is a civil order, but violating one is a crime. A court may grant an ex parte OFP without notice when the petition alleges an immediate and present danger of domestic abuse. If no hearing is set, you must request one within five days of service to get one. Source: Minnesota Statutes 518B.01 See what an order for protection is, OFP vs HRO and how to fight an OFP.

• Testimony protection. Testimony a respondent offers at an OFP hearing is inadmissible in a criminal proceeding. That protection covers hearing testimony, not other statements or documents, so the two cases should still be coordinated. Source: Minnesota Statutes 518B.01, subdivision 15
• Violation penalties. A knowing violation is ordinarily a misdemeanor with at least three days and required counseling, though the jail time may be stayed. A qualifying prior makes it a gross misdemeanor. Two qualifying priors or possessing a dangerous weapon makes it a felony, even for a first OFP violation.
• Arrest. Officers must arrest on probable cause, including that the person knew of the order, when they can verify it. A person first served at a prohibited location gets a reasonable chance to leave. The same 36 hour hold applies.

Source: Minnesota Statutes 518B.01, subdivision 14 The criminal judge may also issue an ex parte OFP or harassment restraining order as part of release, lasting until conviction, acquittal or dismissal, with a full hearing within seven days of your request. Source: Laws 2026, chapter 97, article 7, section 9 See harassment restraining order violations.

Will a domestic assault charge affect my gun rights?

Yes, both before trial and after a conviction.

• Pretrial. A judge may require surrender of firearms to the local law enforcement agency as a release condition, along with permits to carry and purchase. The statute directs return on acquittal, dismissal or if no charges are filed, but any separate state or federal prohibition still applies. Source: Laws 2026, chapter 75, section 9
• Misdemeanor or gross misdemeanor conviction. No firearm possession for three years from conviction, with no other domestic assault or fifth degree assault conviction in that time. Possession during that ban is a gross misdemeanor. Since August 1, 2026, the paragraph says “firearms” where it once said “pistol.” Source: Laws 2026, chapter 75, section 7
• Felony domestic assault or strangulation. Both are crimes of violence, so the person may not possess firearms or ammunition for life unless a court restores that ability. Possession is a felony with up to 15 years. Source: Minnesota Statutes 624.712, subdivision 5 Source: Minnesota Statutes 624.713 Source: Minnesota Statutes 609.165
• Firearm used. The court may extend the ban beyond three years or for life, and that firearm and all others the person possesses are forfeited. Source: Laws 2026, chapter 75, section 7
• Federal disqualification. Minnesota bars possession by anyone disqualified under the federal domestic violence provisions as amended through March 1, 2014. Source: Minnesota Statutes 624.713, subdivision 1

How does the 2026 firearm transfer process work?

Since August 1, 2026, transfers tied to OFPs, domestic assault convictions, stalking and pretrial release follow new section 518B.03, with a court deadline based on custody status and where the firearms are. A pretrial surrender goes to the local law enforcement agency. Other transfers can go to a licensed dealer, that agency or an eligible third party who does not live with you; third-party transfers happen at the agency, supervised or in a monitored safe zone, after 24 hours’ notice. Dealer transfer proof is due within two business days after service of the order, and a nonpossession declaration must cover the time of the order and now. A compliance hearing follows within ten business days of the order unless waived. Complying cannot be used against you except in a prosecution for perjury, false statement or noncompliance. Source: Laws 2026, chapter 75, sections 6 and 9 See domestic assault and gun rights.

What happens in Hennepin County domestic court?

In Minneapolis, the city attorney generally prosecutes misdemeanor and gross misdemeanor charges, and the Hennepin County Attorney prosecutes felonies and offenses assigned to that office by statute. Source: Minnesota Statutes 484.87 Source: Minnesota Statutes 388.051 Go to the courthouse listed on your notice. Source: Hennepin County District Court

• First appearance. The judge sets conditions or bail to protect the alleged victim and secure your appearance. Since August 1, 2026, the findings should describe prior domestic arrests or convictions, protective orders and pending petitions. Source: Laws 2026, chapter 97, article 7, section 9
• Misdemeanor track. The court may set a pretrial conference; otherwise motions are heard just before trial. Source: Minnesota Rules of Criminal Procedure 12
• Felony and gross misdemeanor track. A Rule 8 appearance is ordinarily set within 14 days after the first appearance unless waived, and the court may extend it for good cause. An omnibus hearing on probable cause and evidence follows. Source: Minnesota Rules of Criminal Procedure 5 Source: Minnesota Rules of Criminal Procedure 11
• Relationship evidence. Evidence of other domestic conduct against the same person or other household members is admissible unless its value is substantially outweighed by unfair prejudice. Source: Minnesota Statutes 634.20
• Trial. A jury verdict must be unanimous unless the defendant personally waives that right and the court approves. Source: Minnesota Rules of Criminal Procedure 26
• Public defender. If you cannot afford a lawyer, you are entitled to a public defender for a misdemeanor, gross misdemeanor or felony. Source: Minnesota Statutes 611.14

See our Hennepin County criminal defense page.

How long does a Minneapolis domestic assault case take?

No fixed timeline applies. After a not guilty plea, either side can demand a speedy trial, which must then begin within 60 days unless the court finds good cause for a later date. Source: Minnesota Rules of Criminal Procedure 6 Source: Minnesota Rules of Criminal Procedure 11

Can a domestic assault charge be dismissed or reduced?

It can, depending on the evidence. The prosecutor may dismiss a complaint and must state the reasons. Source: Minnesota Rules of Criminal Procedure 30 A plea to a lesser offense requires the prosecutor’s consent and the court’s approval, or a court finding on the defendant’s motion. Source: Minnesota Rules of Criminal Procedure 15 Common defense issues include:

• Self-defense. Reasonable force may be used to resist an offense against the person. Source: Minnesota Statutes 609.06 See self-defense laws in Minnesota assault cases.
• Intent. An accident or a misread gesture may not meet the intent element.
• Relationship and priors. The state must prove the relationship and that any prior qualifies within the ten year window.
• Unlawful search or seizure. Evidence obtained unreasonably can be challenged. Source: Minnesota Constitution, Article I, Section 10

What if the alleged victim does not want to press charges?

The prosecutor, not the alleged victim, decides whether to charge or dismiss, and must make reasonable efforts to notify the victim and record the reasons for a dismissal. Source: Minnesota Statutes 611A.0315 Cases can proceed on 911 recordings, body camera video, photos and other witnesses, and any order stays in effect until it expires or the court changes it. Read what happens when the victim won’t press charges.

Can a domestic assault case affect immigration status or my record?

It can. Before accepting a guilty plea to a felony, or to a misdemeanor or gross misdemeanor punishable by incarceration, the court must confirm a noncitizen understands the plea may result in deportation, exclusion from admission or denial of naturalization. Source: Minnesota Rules of Criminal Procedure 15 Get immigration advice before any plea.

Domestic assault convictions are excluded from the convictions that qualify for automatic expungement. A case dismissed after filing, or resolved in your favor, is eligible for automatic expungement without a petition. Source: Minnesota Statutes 609A.015 After a conviction, you may petition two years after discharge for a misdemeanor or three years for a gross misdemeanor with no new conviction, and the court decides. Source: Minnesota Statutes 609A.02, subdivision 3 See our expungement page.

What do people ask a Minneapolis domestic violence lawyer?

Can I go home after a domestic assault arrest?

Only if your release conditions and any no contact order or OFP allow it. A judge can order you to vacate or stay away from the alleged victim’s home. Source: Laws 2026, chapter 97, article 7, section 9 Ask your lawyer about a court-approved way to retrieve belongings.

What if the protected person contacts me first?

Do not respond if an order bars contact. The order binds you, and the other person’s contact does not authorize yours. Keep the message and give it to your lawyer. Source: Minnesota Statutes 629.75

Can I see my children while a no contact order is in place?

Only as the order expressly allows or a court later permits. An OFP can set temporary parenting time with primary consideration for the safety of the victim and children. Source: Minnesota Statutes 518B.01, subdivision 6 See how DANCOs affect custody.

Is domestic assault a felony in Minnesota?

Without qualifying priors it is a misdemeanor. It becomes a felony within ten years of the first of two or more qualifying convictions or delinquency adjudications, and strangulation of a family or household member is a felony on its own. Source: Minnesota Statutes 609.2242

Do I need a lawyer for a misdemeanor domestic assault?

The law does not require one, but a conviction can enhance certain later domestic-related charges for ten years, brings a three year firearm ban and is excluded from automatic expungement.

Talk with Martine Law about your Minneapolis domestic assault charge

Martine Law PLLC defends domestic assault, strangulation, DANCO and OFP cases in Hennepin County and statewide. Bring your release order, any no contact order or OFP papers and your court date. See our domestic violence defense page. Phones are answered 24/7. Call 612-294-0650 to request a free consultation.

This content provides general information and should not be considered legal advice. Contact Martine Law for guidance specific to your situation.

Criminal defense services are provided by Martine Law PLLC.