Being charged with domestic violence in Minnesota is a serious matter that can have lasting consequences on your personal and professional life. Understanding the legal framework, potential penalties, and available defenses is crucial. At Martine Law, we are committed to guiding you through this challenging time with expertise and compassion.
Understanding Domestic Violence Charges in Minnesota
In Minnesota, domestic violence is legally referred to as “domestic assault.” According to Minnesota Statute § 609.2242, domestic assault involves:
- Intentionally inflicting or attempting to inflict bodily harm upon a family or household member.
- Committing an act with intent to cause fear of immediate bodily harm or death in a family or household member.
Family or household members include spouses, former spouses, parents, children, persons related by blood, persons who are presently residing together or have resided together in the past, persons involved in a significant romantic or sexual relationship, and parents of a child in common.
Levels of Domestic Assault Charges
Domestic assault charges in Minnesota are categorized based on the severity of the offense and the defendant’s prior history:
1. Misdemeanor Domestic Assault
- Definition: First-time offense with no prior domestic violence-related convictions within the past 10 years.
- Penalties: Up to 90 days in jail, a fine of up to $1,000, or both.
2. Gross Misdemeanor Domestic Assault
- Definition: Occurs when the defendant has one prior qualified domestic violence-related conviction within the past 10 years.
- Penalties: Up to 1 year in jail, a fine of up to $3,000, or both. Additionally, a minimum of 20 days imprisonment is mandated, with at least 96 hours served consecutively, unless the court orders alternative conditions such as anger management therapy.
3. Felony Domestic Assault
- Definition: Applies when the defendant has two or more prior qualified domestic violence-related convictions within the past 10 years.
- Penalties: Up to 5 years in prison, a fine of up to $10,000, or both.
Domestic Assault by Strangulation
Minnesota law also recognizes domestic assault by strangulation as a distinct felony offense under Minnesota Statute § 609.2247. This involves intentionally impeding normal breathing or circulation by applying pressure on the throat or neck or by blocking the nose or mouth.
- Penalties: Up to 3 years in prison, a fine of up to $5,000, or both.
Firearm Restrictions
A conviction for domestic assault can lead to significant firearm restrictions:
- Immediate Prohibition: Individuals convicted of domestic assault may be prohibited from possessing firearms.
- Forfeiture: The court may order the forfeiture of any firearms used during the commission of the offense.
- Violation Penalties: Possessing a firearm in violation of these restrictions can result in additional criminal charges.
Protective Orders and No-Contact Orders
In domestic violence cases, courts may issue various orders to protect the alleged victim:
1. Domestic Abuse No Contact Order (DANCO)
- Purpose: Prohibits the defendant from contacting the alleged victim.
- Duration: Typically remains in effect throughout the criminal proceedings.
- Violations: Breaching a DANCO can lead to additional criminal charges.
2. Order for Protection (OFP)
- Purpose: Civil order that restricts the defendant’s contact with the alleged victim.
- Duration: Can last up to two years and may be extended.
- Violations: Violating an OFP is a criminal offense and can result in arrest and prosecution.
For more information on protective orders, visit the Minnesota Judicial Branch’s Domestic Abuse and Harassment Help Topic.
Potential Defenses Against Domestic Violence Charges
Facing domestic violence charges does not automatically result in a conviction. Several defenses may be applicable, depending on the circumstances:
1. Self-Defense
If you acted to protect yourself from imminent harm, self-defense might be a valid defense. It’s essential to demonstrate that the force used was reasonable and necessary under the circumstances.
2. Defense of Others
Similar to self-defense, this applies if you acted to protect another person from immediate harm.
3. False Allegations
In some cases, individuals may be falsely accused due to ulterior motives. Evidence such as witness statements, text messages, and other communications can be crucial in establishing the truth.
4. Lack of Evidence
The prosecution bears the burden of proving the charges beyond a reasonable doubt. If the evidence is insufficient or unreliable, it may lead to a dismissal or acquittal.
For a detailed discussion on defense strategies, refer to our article on How to Get a Domestic Violence Case Dismissed in Minnesota.
Collateral Consequences of a Domestic Violence Conviction
Beyond legal penalties, a domestic violence conviction can have far-reaching effects:
- Employment: May hinder job prospects, especially in fields requiring background checks.
- Housing: Landlords may deny rental applications based on criminal history.
- Child Custody: Can negatively impact custody and visitation rights.
- Immigration: Non-citizens may face deportation or denial of naturalization.
Importance of Legal Representation
Given the complexities and potential consequences of domestic violence charges, securing experienced legal counsel is imperative. At Martine Law, our attorneys are dedicated to:
- Evaluating Your Case: Thoroughly analyzing the facts and evidence.
- Developing a Defense Strategy: Crafting a tailored approach to protect your rights.
- Negotiating with Prosecutors: Seeking reduced charges or alternative resolutions when appropriate.
- Representing You in Court: Advocating zealously on your behalf throughout the legal process.
The Legal Process After a Domestic Violence Arrest
If you’re arrested on suspicion of domestic violence in Minnesota, the process can move quickly. Understanding the timeline and your rights is critical to protecting yourself.
Step 1: Arrest
Police may arrest you on the spot if they believe there is probable cause of domestic assault. This often happens based on:
- The alleged victim’s statement
- Visible injuries
- Witness reports
- Evidence of a disturbance
You may be held in custody until your first court appearance, especially if there are prior offenses or if the arrest involves violence or threats.
Step 2: Booking and Bail
After arrest, you’ll be fingerprinted, photographed, and held in jail. Bail may be set depending on:
- The severity of the charges
- Prior convictions
- The perceived threat to the alleged victim
- Whether a DANCO or OFP is issued
Your attorney can request a bail hearing and advocate for pre-trial release conditions that don’t jeopardize your rights or freedom.
Step 3: Arraignment
This is your first court appearance, where charges are formally presented, and you enter a plea (guilty, not guilty, or no contest). The court may also:
- Issue or reaffirm a No Contact Order
- Set future court dates
- Outline pre-trial conditions
You must appear in person, unless your attorney has secured permission to appear on your behalf in misdemeanor cases.
Step 4: Pre-Trial Hearings
During this phase, your defense team will:
- Review discovery (evidence held by the prosecution)
- File motions (e.g., to dismiss, suppress evidence, or amend charges)
- Negotiate with the prosecution for possible plea deals
Your case may be resolved at this stage—or move forward to trial.
Step 5: Trial
If no resolution is reached, your case proceeds to trial. In Minnesota, you have the right to a jury trial even for misdemeanor domestic assault. The jury must find you guilty beyond a reasonable doubt.
If found not guilty, you’re acquitted and the case ends. If convicted, the court moves to sentencing.
What You Should Do Immediately After Being Charged
Facing domestic violence allegations is not just frightening—it’s also easy to make things worse unintentionally. Here’s how to protect yourself:
1. Do Not Contact the Alleged Victim
Even if you believe there’s been a misunderstanding, do not reach out, especially if a no-contact order is in place. Any communication can result in additional criminal charges.
2. Hire a Defense Attorney Immediately
Early legal representation can make all the difference. A good lawyer will:
- Protect your rights during interrogation
- Preserve critical evidence (security footage, texts, medical reports)
- Advise you on how to comply with court orders
- Begin negotiating with the prosecution or preparing for trial
3. Document Everything
Write down your version of what happened while it’s still fresh. List witnesses who can corroborate your story and gather relevant messages, photos, or videos.
4. Comply With All Court Orders
Failing to appear in court or violating a no-contact order will hurt your credibility and could lead to immediate jail time.
How a Conviction Can Affect Child Custody and Divorce
Domestic violence charges don’t just affect your criminal record—they can also have serious implications for family law matters.
Child Custody
Minnesota courts must consider any history of domestic violence when making custody decisions. A conviction can result in:
- Loss of joint custody rights
- Supervised visitation only
- Restricted contact with your child
- Court-ordered therapy or anger management before visitation is reinstated
Learn more about custody considerations in domestic violence cases on the Minnesota Judicial Branch site.
Divorce Proceedings
If you’re involved in a divorce or separation, a domestic violence charge may:
- Influence division of property, especially if abuse affected the financial balance in the marriage
- Affect spousal maintenance decisions
- Be used as leverage in negotiations
That’s why it’s crucial to have one legal team handle both your criminal defense and family law, something Martine Law is uniquely equipped to do.
Is It Possible to Get Charges Dismissed?
Yes, domestic violence charges can be dismissed in Minnesota—but it’s not automatic. A judge will only dismiss charges if the prosecution lacks sufficient evidence or if your attorney can demonstrate major flaws in the case.
Common Grounds for Dismissal:
- Lack of probable cause for the arrest
- Recantation by the alleged victim, especially if there’s no physical evidence
- Violation of your constitutional rights (e.g., illegal search or seizure)
- Self-defense that can be proven through witness testimony or evidence
- Lack of independent witnesses or evidence
Learn more in our blog: How to Get a Domestic Violence Case Dismissed in Minnesota
Even if dismissal isn’t possible, your attorney may still negotiate a plea to a lesser charge that avoids jail time or long-term penalties.
What If the Alleged Victim Wants to Drop the Charges?
In Minnesota, the prosecutor, not the victim, controls the case. That means even if the alleged victim wants to drop the charges, the state may still move forward.
However, a recantation may influence:
- The prosecution’s willingness to negotiate
- The credibility of the initial report
- The court’s consideration during pre-trial or sentencing
Your attorney can file a motion to present this change, but never pressure the alleged victim to withdraw their statement—it’s illegal and could backfire badly.
Support Systems and Alternatives to Jail
If this is your first offense and the charge is non-violent or borderline, you may qualify for diversion programs that avoid jail and reduce long-term consequences.
Common Alternatives:
- Anger Management Courses
- Domestic Violence Counseling
- Chemical Dependency Treatment (if alcohol or drugs were involved)
- Supervised Probation
- Stay of Adjudication (case dismissed upon completion of conditions)
Judges are often more flexible if you show accountability and take proactive steps before sentencing.
Frequently Asked Questions
Q1: Will this show up on background checks?
Yes, a conviction—or even just an arrest—can appear on background checks unless the record is expunged. That’s why avoiding conviction is critical.
Q2: Can I still own a gun?
A conviction for domestic assault in Minnesota triggers state and federal firearm prohibitions, often permanent.
Q3: What if I wasn’t read my Miranda rights?
If police questioned you without reading your rights, statements you made may be inadmissible in court.
Q4: Can I expunge my record?
Possibly. Expungement is available in some cases after a waiting period. Misdemeanors are easier to expunge than felonies.
Q5: Do I have to plead guilty?
No. Many cases resolve with a plea to lesser charges or are dismissed. You should never plead guilty without speaking to an attorney first.
Why Choose Martine Law?
Domestic violence cases are emotional, complex, and high-stakes. Whether you’ve been falsely accused or simply made a mistake, you deserve an attorney who will listen, defend, and fight for your future.
At Martine Law, we:
- Offer discreet, judgment-free consultations
- Handle both criminal and family law aspects of your case
- File fast motions for bail, dismissal, or no-contact modifications
- Protect your rights in court and beyond
- Fight for the best possible outcome—even when the odds feel stacked
📞 Contact Martine Law now to schedule a confidential consultation with a trusted Minneapolis domestic violence defense lawyer.