Introduction
In Minnesota, the terms domestic assault and domestic abuse are often used interchangeably—but they are not legally the same. Understanding the distinction is critical if you’ve been charged with a crime, are seeking protection, or need clarity in a family law case.
While both terms relate to violence or threats between family or household members, they apply in different legal contexts. Domestic assault refers to criminal charges, whereas domestic abuse usually relates to protective orders and civil proceedings.
This article will explain how Minnesota law defines each term, what consequences are involved, and how Martine Law can help protect your rights.
What Is Domestic Assault in Minnesota?
Under Minnesota Statute § 609.2242, domestic assault is a criminal offense. It occurs when someone commits an act of assault against a family or household member. There are two forms of assault covered:
- Intent to cause fear of immediate bodily harm or death
- Intentional infliction of bodily harm
The victim must fall within the definition of a “family or household member,” which includes:
- Spouses or former spouses
- Parents and children
- People related by blood
- People who live or have lived together
- People who have a child in common
- People in a romantic or sexual relationship
If you are charged with domestic assault, you’re facing criminal prosecution. The penalties vary based on prior offenses and the severity of harm caused.
Penalties for Domestic Assault
Domestic assault can be charged as either a misdemeanor, gross misdemeanor, or felony, depending on your history and the specific facts of the case.
- First offense: Misdemeanor (up to 90 days in jail and a $1,000 fine)
- Second offense within 10 years: Gross misdemeanor (up to 1 year in jail and a $3,000 fine)
- Third offense or involving strangulation: Felony (up to 3 years in prison and a $5,000 fine)
You may also face collateral consequences such as:
- Losing the right to own a firearm
- Immigration issues if you’re not a U.S. citizen
- Loss of custody or parenting time
- A criminal record that affects housing or employment
Learn more from the MN Judicial Branch
What Is Domestic Abuse?
Domestic abuse is a broader term and generally applies in civil law, particularly in cases involving Orders for Protection (OFPs). According to Minnesota Statute § 518B.01, domestic abuse includes:
- Physical harm
- Threats of harm
- Criminal sexual conduct
- Interference with personal liberty
It focuses on the protection of the victim rather than the punishment of the perpetrator.
Victims of domestic abuse can request an Order for Protection, which is a court-issued mandate that can:
- Prohibit the abuser from contacting or approaching the victim
- Remove the abuser from a shared home
- Grant temporary custody or financial support
This is a civil matter, but violations of an OFP can lead to criminal charges.
Who Can File for an Order for Protection?
Only individuals who meet the “domestic relationship” standard can seek an OFP. This includes:
- Current or former spouses
- Parents and children
- Cohabitants or former cohabitants
- Individuals who share a child
- Individuals in a significant romantic or sexual relationship
The person seeking protection must show a recent act of domestic abuse or a credible threat of future harm.
Domestic Assault vs. Domestic Abuse: Key Differences
| Category | Domestic Assault | Domestic Abuse |
| Type of Law | Criminal | Civil |
| Main Focus | Punishment of the offender | Protection of the victim |
| Statute | § 609.2242 | § 518B.01 |
| Applies To | Assault between family/household members | Harm, threats, or sexual abuse in domestic settings |
| Result | Jail, fines, criminal record | Order for Protection (OFP), court restrictions |
| Violation Consequence | Criminal conviction | Civil penalties or criminal OFP violation |
Understanding the difference is important because the legal process, burden of proof, and rights involved vary significantly between criminal and civil cases.
Can Someone Face Both?
Yes, in many cases, a person may be the subject of both a domestic assault charge and an Order for Protection. For example:
- A victim calls the police after being harmed or threatened
- Police arrest the alleged offender and file a criminal charge for domestic assault
- The victim then petitions the court for an OFP to prevent further contact
These processes move forward in separate courts and timelines. Violating an OFP while facing assault charges can make the situation much worse.
Consequences of Domestic Assault on Custody and Divorce
If you’re involved in a custody battle or divorce in Minnesota, domestic assault charges or abuse allegations can affect:
- Custody and parenting time decisions
- Visitation restrictions or supervision
- Property division outcomes
Judges in family law prioritize the child’s best interests, and any history of domestic violence weighs heavily. Even allegations can limit your ability to co-parent unless successfully defended.
You can learn more about parenting time and safety at LawHelpMN.
Defending Against Domestic Assault Charges
Being accused of domestic assault does not mean you’re guilty. At Martine Law, we use several strategies to protect your rights, such as:
- Arguing self-defense or mutual combat
- Showing lack of evidence
- Highlighting false accusations
- Challenging the credibility of witnesses
- Identifying violations of due process
We also help clients respond to OFPs, represent them in family court, and minimize the long-term consequences of these allegations.
Contact us today if you’re facing domestic violence-related legal issues.
Final Thoughts
Domestic assault and domestic abuse may sound similar, but they carry different legal implications under Minnesota law. One is a criminal charge, the other a protective measure—both with serious consequences.
Whether you’re accused or seeking protection, it’s essential to understand your legal position and options. The legal team at Martine Law is here to help you navigate these complicated and emotional cases with clarity and confidence.